The Equality Act 2010 provides protection against discrimination, harassment and victimisation in relation to a number of protected characteristics. The recently published Code of Practice provides some important clarification on how those protections apply to religion and philosophical belief.
Yesterday, we looked at the recognition of the manifestation of a belief, including manifestation through dress code, and why that clarification is particularly relevant to Naturists. If being without clothes is an expression of our philosophy, it is difficult to argue that our choice of dress is not one of its most conspicuous manifestations.
Today, we look at some of the other features of the Code and what they could mean when we need to assert our rights as Naturists.
Different Types of Nudity
Yesterday we explained why defending our identity as Naturists may become easier when our choice to be without clothes can be understood as a manifestation of a philosophical belief.
However, that does not mean that everybody who has ever been naked is a Naturist.
The Code makes clear that while a belief can be manifested through particular conduct, the reverse is not true. Conduct does not automatically establish that a person holds the underlying belief.
This distinction is important. Being naked does not, by itself, make someone a Naturist, and it would not automatically follow that any behaviour undertaken while naked is protected because the person identifies as a Naturist.
Rights must always be balanced, and there are certainly behaviours that we would not condone. Recognising that distinction allows us to make a much more credible separation between non-sexual Naturism and conduct that is sexual, abusive, threatening or otherwise unlawful.
That matters when defending Naturism against wrongful accusations that it is harmful simply because other criminal or inappropriate activities can also involve nudity. Nudity is not the problem; it is the context and consequences of those other behaviours that make them wrong.
Protected Circumstances
Aside from a few high-profile exceptions, many of the most familiar examples of Equality Act discrimination have involved employment. That is less relevant to many of our members, particularly those who are retired, and examples of members experiencing employment discrimination because of their Naturism are relatively rare.
For Naturists, access to services and facilities is often much more relevant.
The title of the new Code makes this particularly clear: it is the Code of Practice for Services, Public Functions and Associations. The guidance therefore extends well beyond the workplace.
This is important because difficulties accessing services are something that Naturists can encounter regularly. A swimming pool may refuse a Naturist swimming session. A holiday provider may impose different conditions. A venue may reject a Naturist event. A business may make assumptions about Naturists that affect the service it provides.
The Code does not suddenly solve these problems. The law has not changed, and ultimately the application of the Equality Act will be determined by the courts and tribunals. We cannot simply issue an instruction to a service provider and expect them to comply.
But clearer guidance can make a difference.
A provider who previously regarded Naturism simply as a lifestyle choice may now have to give greater consideration to the possibility that, in an individual case, it is dealing with a protected philosophical belief and its manifestation.
That gives Naturists a stronger basis from which to explain their position and challenge decisions that may disadvantage them.
Harassment
Harassment because of our Naturism is one of the most unpleasant experiences we can face and, sadly, it is not uncommon.
The Code provides extensive guidance on harassment related to belief and makes clear that conduct can constitute harassment where it is related to a protected characteristic or its manifestations.
The circumstances relevant to deciding whether conduct amounts to harassment can also include the person's belief and their previous experience of harassment. Both may be particularly relevant where a Naturist needs to explain the impact of behaviour when seeking assistance from an organisation or the police.
This potentially provides a stronger basis for challenging behaviour such as:
derogatory comments about Naturism;
mocking someone because they are known to be Naturist;
repeated jokes about someone's participation in Naturist activities;
degrading stereotypes about Naturists;
sexualisation of Naturism; or
treating Naturists as inherently sexual or deviant.
This does not mean that every unpleasant comment about Naturism will amount to unlawful harassment. The statutory test still has to be satisfied.
But the new Code gives greater clarity about how that test can apply to philosophical belief and its manifestations.
The Role of British Naturism
For British Naturism, this clarification has another important implication: it reinforces the value of being part of a recognised representative organisation.
The clearest manifestation of Naturism may be our choice of dress, but the Code also expressly recognises the expression of philosophical views online as a possible manifestation of belief.
Membership of British Naturism does not automatically give someone protection under the Equality Act, nor does it establish that an individual satisfies the test for a protected philosophical belief.
It can, however, form part of the evidence demonstrating that Naturism is a genuinely held philosophy and that an individual actively identifies with and participates in the Naturist community.
In other words, membership does not create the right. But it can help demonstrate the belief behind it.
These types of policy development also demonstrate the importance of representation.
British Naturism has spent years representing Naturists in discussions about law, policy and public attitudes. We were not expressly consulted in the preparation of this particular Code, but we have contributed to Law Commission consultations on a number of relevant issues over the years.
There is a striking alignment between some of the arguments we have made in those consultations and the principles now reflected in the Code.
That demonstrates why representation matters.
Laws and official guidance do not develop in isolation. They are guided by evidence, consultation and the organisations that ensure the experiences of particular communities are heard.
By being part of that conversation, British Naturism helps ensure that the interests of Naturists are considered when the legal and policy framework around us is reviewed.
And that is one of the less visible but important benefits of membership: you are not simply joining an organisation that provides events and activities. You are supporting the organisation that represents Naturism when decisions are made that affect all of us.
In Summary
The new Code of Practice has not suddenly given Naturists new rights or protections. It has not changed the Equality Act or altered the underlying legal test for philosophical belief.
What it has done is provide clearer guidance on how the existing law applies.
For Naturists, that clarification is significant. It provides a stronger framework for explaining why Naturism can constitute a protected philosophical belief and why particular Naturist practices can constitute manifestations of that belief.
It also gives us greater clarity when considering discrimination, access to services and harassment.
And it demonstrates the value of having an organisation capable of representing Naturists collectively.
British Naturism cannot give you Equality Act protection simply by giving you a membership card. But by joining British Naturism, you become part of a community, support the organisation that represents Naturism nationally, and have access to an organisation with the knowledge and experience to help Naturists understand and assert their rights.
The law may not have changed. But our ability to understand, explain and defend our position has.
And that is something we can celebrate.
Contacts and links
For media enquiries, please contact Mark Bass, President and Press Enquiries, British Naturism: mark.bass@bn.org.uk
Website: bn.org.uk
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