首领地将限制教会学校聘用教师的自由权ACT to strip religious schools of hiring rights

首领地首席部长安德鲁·巴尔将取消教会学校拒绝聘用同性恋教师的合法权利,他表示,此次改革将超越莫里森政府为同性恋学生提供进一步的保护的承诺。

安德鲁·巴尔将于下周四提交一份法案草案,修改首领地的歧视法案,以防止基于性行为、性别认同、种族、怀孕或双性人等特征产生的对学生和教师的歧视。

ACT Chief Minister Andrew Barr will move to strip religious schools of the legal right to reject gay teachers, reforms he says will go further than the Morrison government promise to better protect gay students.

Mr Barr will tabled a draft bill next Thursday to amend the ACT's discrimination laws to prevent discrimination against students and teachers on the basis of sexuality, gender identity, race, pregnancy or intersex characteristics.

原文Original source:

https://www.canberratimes.com.au/politics/act/andrew-barr-to-start-to-close-discrimination-loophole-next-week-20181024-p50bkl.html

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巴尔表示,这些变化将以塔斯马尼亚的歧视法为蓝本,并将解决1991年歧视法案与“2004年人权法”之间的冲突造成的“法律漏洞”。

The changes would be modelled on Tasmania's discrimination laws and would resolve a "legal loophole" created by the conflict between the Discrimination Act 1991 and the Human Rights Act 2004, Mr Barr said.

根据媒体泄露的同性婚姻邮政公投后Ruddock受委托对宗教自由审查的建议,该建议认为在联邦立法的某些州和地区的歧视法中,宗教学校可被豁免。
首领地是其中一个司法管辖区,但巴尔认为人权立法高于歧视豁免。“我们收到的一些建议持否定意见,我认为有些含糊不清,人们可以提起诉讼,人权法案足够强大,而法院却可能不同意,所以我们必须明确这个问题,“巴尔先生说。

联邦政府本周也计划制定自己的立法来保护同性恋学生。

It follows the leaked recommendations of the Ruddock review of religious freedoms, commissioned after the same-sex marriage postal vote, which recommended entrenching an exemption for religious schools in some state and territories' discrimination laws in Commonwealth legislation.

The ACT is one of those jurisdictions but Mr Barr said he had presumed the human rights legislation trumped the discrimination exemptions.

"I think arguably it doesn't, that was certainly the advice we received, that there were ambiguities, that someone could bring a case and argue the Human Rights Act provisions were strong enough and a court may not find that so we wanted to be very clear on that question," Mr Barr said.

The federal government was also supposed to table its own legislation this week to protect gay students.

本月早些时候,总检察长克里斯蒂安·波特敦促州政府和地区政府取消豁免,不再允许宗教学校根据性行为开除学生,而此前政府因为Ruddock审查建议曾遭到强烈抵制。
然而,巴尔先生说,他听说过豁免特权被用来歧视堪培拉教师的例子,他的法案将包含教师和其他学校工作人员。
他谈到了一位名叫弗雷德的堪培拉老师,他曾在一所保守基督教学校任教多年。

Earlier this month Attorney-General Christian Porter urged state and territory governments to abolish exemptions permitting religious schools to expel students on the basis of their sexuality, after the government experienced a massive backlash to the recommendations of the Ruddock review.

However Mr Barr said he had heard of examples where the exemptions had been used to discriminate against teachers in Canberra, and his bill would also cover teachers and other school staff.
He spoke of a Canberra teacher called Fred, who taught at a conservative Christian school for a number of years.

巴尔先生说,这位老师有很好的口碑,资历合格,与学校的学生和工作人员也相处得很好。
“他离开了学校18个月,在那段时间他的婚姻结束了,他以一个同性恋的身份开始了一段新的关系。在弗雷德回来后,他重新工作的面试进展顺利,但他并没有拿到一个非全职教职职位或兼职合同,而比他资历浅的应聘者却得到了职位。他感到很沮丧。弗雷德是一位资深的老师,有丰富的经验,他的被拒没有得到任何解释,“巴尔先生说。
“这种歧视不能、也不应该发生在任何地方,尤其在我们的学校中。更不能发生在堪培拉,这是澳大利亚对LGBTIQ最包容的城市。”

Mr Barr said the teacher had excellent references, was very well qualified and got on well with students and staff at the school.
"He left for 18 months and in that time his marriage ended and he started a new relationship as a gay man. On his return, his interview for reappointment went very well, but Fred was not offered casual teaching or a casual contract or part-time work. Other teachers less qualified than Fred were offered positions. Fred felt devastated. Fred is a well-qualified teacher with solid references. He was not given a reason," Mr Barr said.

"This discrimination should not, must not, be acceptable anywhere, especially not in our schools. And especially not in Canberra, the most LGBTIQ inclusive and welcoming city in Australia."

Hugo Walker也曾经是堪培拉宗教学校的老师。六年前出柜时,他觉得他除了辞职,别无选择。

“我觉得从学校辞职是诚实的事,如果有人举报,学校将被迫解雇我。一些来自非常保守的教会的家庭会要求解雇我。”沃克说。
沃克先生在学校工作了14年,是一位备受推崇的员工。尽管如此,即使豁免法案不存在, 沃克先生说他也会主动辞职。
沃克先生说:“如果人们知道了有一个同性恋男子在学校教书,这些信息会对整个家长社区产生破坏性影响,某些人会希望我立即被解雇。”
“过去常常说我是一个很好的榜样、是一位优秀教师的人,和在堪培拉中心看到我就跑开的人,是同一群人。”

Hugo Walker also used to be a teacher at a Canberra religious school. When he came out six years ago, he felt he had no choice but to quit.

"I felt like it was the honourable thing to do, to resign from the school. If someone had outed me the school would have felt compelled to sack me. Some families from very conservative churches would have demanded I was sacked," Mr Walker said.
Mr Walker had worked at the school for 14 years and was a highly regarded member of staff.

Despite this - and even if the exemption didn't exist - Mr Walker said he would have resigned once he came out.
"Had it come out that a gay man was teaching at the school, that information would have been destructive in the parent community and certain people would have wanted me to be immediately removed from staff," Mr Walker said.

"The same people who used to say I was such a good role model, such a good teacher are the same ones who scurry away when I see them in the Canberra Centre."

首领地反对党领袖Alistair Coe表示巴尔先生描述的例子令人担忧。
“我认为大多数人都不会支持一所学校依据他们的性向特征来解雇老师,特别是如果那位老师是一位好老师。工作表现好坏才是他们是否被录用以及是否留在学校的依据。”Coe说。

然而,Coe先生说,成立非政府教育机构是有原因的。“我们必须确保学校人员的多样性,无论是在一所伊斯兰学校、天主教学校还是基督教学校,必须给学校留一些余地,我认为绝大多数堪培拉人和澳大利亚人都会认为学生因性取向被停学或开除是不合理的。”

“我们期望看到政府会提出什么立法,我们希望它不会对学校施加不合理的限制,并允许教会学校仍然以信仰为基础。这是一个如何保持平衡正确的问题,我认为我们可以采取合理的方法。”

ACT Opposition leader Alistair Coe said the example Mr Barr described was concerning.

"I think most people would not support a school that fired a teacher on the basis of their sexuality especially if that teacher was a good teacher, that should be the basis for whether they are hired and whether they are retained at the school," Mr Coe said.

However, Mr Coe said there was a non-government sector for a reason.

"We’ve got to make sure we do allow the diversity in the system, be it an Islamic school a Catholic school or a Christian school. There’s got to be some leeway but I think the vast majority of Canberrans and the vast majority of Australians would think it unreasonable that a student was suspended or expelled on the basis of their sexuality," Mr Coe said.

"We want to see what legislation the government is proposing, we want to make sure it doesn't put unreasonable restrictions on schools and to allow faith schools to still be faith-based schools. It is a matter of getting the balance right but I think we can get a reasonable approach."

澳大利亚基督教学校政策、管理和员工关系执行官马克·斯宾塞说,宗教豁免不是一个漏洞,而是一个立法工具,以平衡歧视法中不同但平等的人权。斯宾塞先生指出,首领地的人权法包括宗教自由权。

他说:“对于一所希望成为真正基督教学校的学校而言,如果不能聘用具有共同信仰的员工,将从根本上改变整个学校的性质。”
“我们的学校是紧密联系的社区,所有员工都发挥着重要作用,所有员工都有共同价值观。如果老师在课堂上这么教,课堂外却不这么做的话,学生和家长会很快发现,他们的教学也等于白教。”

然而,“如果教会学校想要根据自己的信仰保留歧视,他们应该放弃纳税人的钱。”沃克先生说:“如果他们要坚持他们的教条,那是他们的选择,他们可以这样做,但他们应该像美国的基督教学校一样自筹资金。”

Christian Schools Australia’s executive officer of policy, governance and staff relations Mark Spencer said the religious exemptions were not a loophole, but rather a legislative tool to balance different, but equal, human rights in the Discrimination Act.
Mr Spencer noted the ACT's human rights laws included a right to freedom of religion.

"For a Christian school seeking to be a genuinely Christian school to not be able to employ staff who share and model their beliefs it fundamentally changes the nature of the whole school," Mr Spencer said.

"Our schools are tightly woven communities where all staff play an important role and all staff need to share the values. Students and parents will very quickly pick up if a teacher is saying one thing in class but living out something different and it completely undermines what they are teaching."

However, Mr Walker said if religious schools wanted to retain the right to discriminate according to their beliefs, they should relinquish any claim to taxpayer money.

"If they want to stick to their dogma, that's their choice, they can do so but they can be self-funded like Christian schools are in the United States," Mr Walker said.

首领地法律的变革早就有所征兆,此前工党后排议员Suzanne Orr曾激烈辩论,敦促首领地议会拒绝联邦变革的提议。
奥尔女士在去年邮政公投辩论激烈时,公开表示她是一名女同性恋者,她认为对老师造成的攻击是“可悲的”。
奥尔女士说:“无论一位教师是为公立学校、独立学校还是私立学校工作,他们都应该因为对教育工作的付出而受到尊重,而不应因为他们的个人特征遭到贬低。”

The changes to the ACT's laws were foreshadowed during an emotional debate, brought about by Labor backbencher Suzanne Orr urging the ACT's parliament to reject the proposed federal changes.
Ms Orr, who last year publicly stated she is a lesbian as the postal vote debate raged, said the attack against teachers was "deplorable".

"Whether a teacher works for a government, independent or private school they should be valued for their commitment to education, not degraded for their personal identity," Ms Orr said.