4. Discrimination law reform Australia’s discrimination laws are complex and include some operational quirks; have gaps in their coverage; and, in some cases, have been limited or further complicated by judicial decisions. Proposals put forward under this pillar seek to enhance the operation of discrimination laws as they currently are, but also pave the way for further consideration of long term and substantial reforms. Several are technical in nature, designed to improve clarity and consistency across the various discrimination laws and in their practical applications, and to reduce the level of complexity across the system overall. Importantly, the Commission also proposes measures to close the existing gaps in discrimination law coverage to ensure that everyone is protected from discrimination. This includes by supporting the introduction of a new federal ground of unlawful discrimination based on freedom of thought, conscience and religion, to be appropriately balanced alongside existing discrimination grounds in accordance with Australia’s international obligations, as illustrated in Text Box 3. Text Box 3: The need for religious discrimination protection The Commission has publicly called for protections against discrimination and vilification on the basis of religious belief for over 25 years. For example, a recommendation for religious discrimination protections was presented to the Parliament in 1998.17 In May 2018, an independent expert panel finalised a Religious Freedom Review which recommended that the Australian Government should amend the Racial Discrimination Act 1975, or enact a Religious Discrimination Act, to render it unlawful to discriminate on the basis of a person’s ‘religious belief or activity’, including on the basis that a person does not hold any religious belief.18 Various drafts of Religious Discrimination bills have been developed since 2018 and have been open to public consideration through consultation processes. The Commission has contributed views on each draft Bill.19 A Bill protecting against religious discrimination has yet to be passed by the federal Parliament. While there are some protections against religious discrimination in federal, State and Territory law, these protections are incomplete. In some situations, such as complaints to the Commission of religious discrimination in employment, existing legal protections do not provide for enforceable remedies where discrimination is established. Just as Australians are provided with statutory protection against discrimination on the grounds of race, sex, disability and age, so too should they be provided with equivalent protection against discrimination on the ground of religious belief or activity. This reinforces the idea, reflected in Article 2 of the Universal Declaration of Human Rights, that human rights are indivisible and universal. Prohibiting discrimination on the ground of religious belief or activity (including beliefs about religion held by people who are atheists or agnostics) is consistent with, and supports, the tolerant, pluralistic nature of Australian society. Box continued over  FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights 89