Overall, organisations such as FECCA have advocated for research that considers how ageism
affects people from culturally and linguistically diverse backgrounds.95 Interrogating this
intersection will deepen understandings of the intersection of age and race, not only to inform
approaches to racism, but also ageism as it is experienced by First Nations and culturally and
linguistically diverse communities.
People and communities of faith
Participants and those who made submissions on a national anti-racism framework shared with
the Commission concerns about communities that are negatively racialised at the intersection of
religious discrimination, but that may not be covered by existing federal anti-discrimination
legislation. Despite the existence of state and territory laws that acknowledge a right to freedom
of religion, federal legislation provides limited protection against religious discrimination and
vilification.
Though the Racial Discrimination Act 1975 (Cth) (Racial Discrimination Act) protects against
discrimination on the basis of race, colour, descent or national or ethnic origin, the Act does not
make religious discrimination generally unlawful. Whilst Jewish and Sikh people have been
included in the term ‘ethnic origin’, the Act does not make available equivalent protection for
people of other religious groups, including Muslims. 96 This issue is replicated in some
jurisdictions at the state and territory level.97
This existing approach sits uncomfortably with international human rights treaties to which
Australia is bound, including the International Covenant on Civil and Political Rights (ICCPR),
where article 18 speaks directly to the freedoms associated with religious expression based on
the right to freedom of thought, conscience, and religion.
The Commission has consistently called for national protection against religious discrimination.
Most recently in its 2021 Report, Sharing the Stories of Australian Muslims, the Commission
recommended the amendment of the Racial Discrimination Act to extend to religious
discrimination, or the creation of legislation that specifically protects religious discrimination,
noting that any reform designed to further protect religious freedom should be done in such a
way that promotes human rights in their universality and indivisibility. 98
Consultations and submissions also pointed to how the intersection of religious and racial
discrimination manifests itself beyond a narrow legal framework, and requires versatile and
rounded responses that recognise the wide-ranging complexities faced by people of faith.
Discriminatory and vilifying representations of Islam and Muslims in the media, including news
media and social media, were examples given particular emphasis. These issues are discussed
further in the section on Media.
The Muslim community is extremely affected by the misinformation
permeated online and groups of people are dehumanised… the Muslim
community are now feeling unsafe during times of prayer with the high rates
of hate crimes and recent events where they are targeted. — consultation with
Islamophobia Register Australia, NARF project, May 2021 – April 2022
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