CCPR/C/58/Add.6 page 8
Lord High Chancellor of Great Britain, the Government's chief judicial officer and head of the judiciary, was removed. The position today is that there are hardly any significant religious restrictions imposed by statute upon the holding of offices or employment other than those necessitated by the job itself (e.g. since the Monarch is Supreme Governor of the Church of England, no Roman Catholic may occupy the throne and anyone who marries a Roman Catholic is excluded from succeeding to the throne).
38. The Church of England, as the Established Church in England, retains a special position in the Constitution. The more important privileges are that 26 senior bishops, who are appointed by the Crown, have the right to sit and vote in the House of Lords; that the Church is empowered to pass measures governing its faith, forms of worship, rites and ceremonies which, if approved by Parliament, become the law of the land; that decrees of its ecclesiastical courts will be enforced by the State; and that marriages according to the usages of the Church of England do not require civil preliminaries provided they are by banns, or common or special licence. On the other hand, all persons in England, whatever their religious belief or adherence, have the right to be married by civil ceremony or according to the rites of the Church of England. The disestablishment of the Church of England has been argued on various occasions during the last 100 years, but it has never become a major political or religious issue. In Scotland, the Church of Scotland, whose Constitution was approved by Parliament in 1921, enjoys complete independence in spiritual matters. All marriages in Scotland, whether civil or religious, require civil preliminaries.
The Commission for Racial Equality (CRE)
39.
The Commission was set up under the Race Relations Act 1976. Its overall duties are to work in Great Britain towards the elimination of racial discrimination and the promotion of equality of opportunity and good race relations, and to keep the operation of the Act under review. In the Government's view, the Commission has been effective. Discrimination has not been eliminated, but the Commission has, through its enforcement of the law and promotional activities, created a widespread awareness of the law on unlawful discrimination; and it has made significant progress, in the employment field particularly, towards the establishment of genuine equal opportunities policies and practices. Ethnic minority unemployment is one and a half times more than white unemployment, but this figure has recently shown signs of falling. The Commission's work includes giving legal advice and assistance to complainants of racial discrimination, giving assistance and advice to and working with organizations, local authorities and employers, undertaking or assisting research and mounting formal investigations into named persons where it believes discrimination has taken place.
40.
Under section 66 of the Act, the Commission is empowered to provide assistance to individuals who wish to take a case of discrimination to an industrial tribunal (for employment matters) or to a county court. The Commission cannot generally act in place of a solicitor or barrister in court, but can give advice or assistance as appropriate, and can appear at industrial tribunals on behalf of complainants.
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