Chris Habgood AKA Orionmoon claims he was forced to leave his job as an
electrical engineer at Arrowvale Electronics, lakeside Redditch, two years
ago due to religious discrimination in the work place. But when he sought
Jobseekers Allowance, the DSS refused to pay, failing to recognise Paganism
as a religion.
He claimed the UK government was in breach of European human rights laws,
citing the DSS Court of Appeals refusal to hear his case for religious
discrimination.
But his case was also dismissed by the Secretary of State following a
18month battle in the UK courts. So he has now taken his fight for religious
recognition to the highest authority. Mr. Habgood believes he is the first
Pagan to present such a case, and victory would grant ALL people of the same
belief similar religious rights to those of other creeds.
The relevant forms detailing his argument where sent off to Brussels on
Wednesday November13 and the Wiccan Priest is looking forward to a
positive response. He said " I know the law is on my side, that's why I have
taken my case to Europe - It is the only option I have to get a fair
hearing".
But Mr. Habgood is fighting the case on his own and finding life
increasingly difficult in the legal world. He said "It is difficult to keep
the argument going in their language, But I will endeavour to seek
compensation for the aggravation and stress caused by the last two years
fighting for justice". "I want to see Paganism properly recognised and
brought into line with other religions."
EQUAL RIGHTS FOR PAGANISM IN THE 21st. CENTURY
What started with a clear case of religious discrimination in the work place, turned into yet more religious discrimination by the State in the way they apply the rules for us to receive job seekers allowance. Do Pagans, no matter from what background have any rights at all, or are we just one step away from witch hunts again? I know this is unlikely but unless ALL
religions are given equal protection under the law, extremist from other religions will not be restrained. It is bad enough we have a State religion without the State choosing not to apply European laws such as the Human Rights Act when it has a conflict of interest? Not forgetting that tens of thousands of us put PAGAN on the latest census forms, which was recognised by the State.
I cannot go into details of my case against the State here as the Court Service are still dealing with the case. But I can tell you a second Commissioner has reviewed all my case papers after I agreed for the case to be set aside. I was impressed this time by the list of issues to be dealt with, before he would be able to decide the case. Here is a list of the objectives:
1). The tribunal correctly stated that it had to decide whether the claimant had just cause. Is there anything to suggest that it did not apply that test? Is there anything to suggest that it did not apply that test correctly in law?
2). The tribunal that the claimant was not subject to religious discrimination in his employment. If that finding was correct, was it's decision on just cause correct on the fact? Did the tribunal go wrong in law in making that finding?
3). Did the tribunal go wrong in law in any respect in confirming the period of sanction imposed by the Secretary of State? Was the tribunal consistent in finding not that discrimination had occurred but taking into account the claimant's subjective belief that there had been? (The claimant had criticised the chairman's conduct of the proceedings, Does the record of
proceedings support those criticisms?).
4).The claimant will then have one month to comment on the Secretary of State's observations.
5).After that, the file must then be returned to me to decide the case. (The second Commissioner 26/04/02).
Hopefully the above will prove once and for all, Pagans do have equal rights under the law in every respect. The ironic thing is if I had been treated equally and fairly by the States JSA rules this case would never have come to light. It is because of that I have been given an opportunity to test and make clear religious laws in this country regarding Paganism,
(and being a member of the EU., now European law on Human Rights, plus United Nations Law, see below).
The Universal Declaration of Human Rights, Article No. 18 as published by the United Nations, to which Britain is a signatory states the following principle in law: " Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and observance."
I HAVE BEEN OFFERED SUPPORT FROM PAGAN GROUPS IN THE COMING MONTHS, THANK YOU.
Update February 2003 I now have a case Number: 41690/02 Case will be heard in due course, having complied with ECHR rules.
Chris Habgood www.orionmoon.co.uk
2003 [Order Of Orion]. All rights reserved.
Latest Information.......... CASE FAILS!
Chris Habgoods Reply
From:
Mr. C. J. HABGOOD aka Orionmoon.
30 Lygon Close
Abbeydale
Redditch
Worc's
B98 8JL England.
www.orionmoon.co.uk
To: The President of the EU
COUR EUROPEENNE EUROPEAN COURT
DES OF DROITS DE L'HOMME
HUMAN RIGHTS CONSEIL DE L'EUROPE
COUNCIL OF EUROPE
STRASBOURG STRASBOURG
Your Ref. 41690/02 30 - 06 - 2003
Dear Sir or Madam
Regarding the following item:
Deputy Section Registrar's letter to me dated 25 June 2003 (copy attached).
Your court of Human Rights seems to condone the violation of Pagan's rights to practice their religion free from fear and persecution as ALL other religions in the EU.
Not one Pagan has been allowed to bring a case to your court, let alone be given equal rights and a fair trial. I had hoped my strong clear case of religious discrimination by first my employer and then the State (UK), would at long last set a president in law so millions of practicing Pagans across the EU would enjoy the same human rights as other religions that are not even from this part of our world here in Europe. As Pagans we have been torched, burnt alive and now in today's times outlawed in such a shameful way. This is political incorrectness at it's very worse. I am only a poor man, I can't hire expensive lawyers so what chance have I got to seek justice at the highest level after being denied my human rights in this way?
I don't even seek masses of compensation just what is owed me by the UK Christian State, but what I want most is to know by practicing Paganism I am protected equally in law.
I am asking as a leading member of the Pagan Association UK a very simple question that needs to be answered, so from this point in time we Pagans know where we stand in law.
My question is:
IS PAGANISM RECOGNIZED IN THE EU AS A LAWFUL RELIGION, IF YES HAVE PAGANS GOT EQUAL RIGHTS TO ALL OTHER RELIGIONS IN LAW?
If you would be so kind as to answer my question in full it would have made my fight for equality over the last four years worth while and give millions of Pagans a voice at last.
I would like to complain about Nicolas Bratza, President of Section 4 who seems to do a massive hatchet job on UK case's especially. 3916 declared inadmissible or struck-out in 2002 alone. This is not justice if cases don't even get to court. I smell a rat?
Yours truly
Do You Smell A Rat Too?
Please support Chris in his fight for equal rights for pagans, he does not fight for himself only, his fight is for us all. Please sign the petition and make yourself heard.
The closing date for this petition is unknown at this time, we intend to let it run and to keep collectiong names.
