Irish Equality Law Does Not Protect Philosophical Beliefs, As It Should Under EU Law

Atheist Ireland ★ Irish equality law recognises religious belief and the absence of religious belief, but it does not adequately recognise philosophical beliefs as protected beliefs in their own right.

15-July-2026

This means Irish equality law breaches the European Employment Equality Directive. This protects religion ‘or belief’, not just the absence of religion.

The ‘or belief’ part of this phrase refers to positive nonreligious philosophical convictions. This includes atheism, humanism, agnosticism, and other beliefs.

Irish Employment Equality law

Irish equality legislation does not provide adequate recognition for philosophical belief.

Under Section 6-2(e) of the Employment Equality Act 1998, the religion ground is defined by reference to “religious belief”, which includes religious background or outlook, that one has a different religious belief from the other, or that one has a religious belief and the other has not.
Under Section 3(2)(e) of the Equal Status Act 2000, the religion ground is defined as a situation where one person has a different religious belief from another, or where one has a religious belief and the other has not.

This leaves citizens with philosophical convictions, including atheists, humanists, and secularists, without equal recognition. Their convictions are treated as a negative category (not having religion) rather than as positive beliefs and convictions worthy of equal dignity and protection in a democratic society.

EU Employment Equality Directive

The EU Employment Equality Directive recognises and protects religion or belief. In addition, Directive 2000/78/EC also lays down a framework for combating discrimination on the grounds of religion or belief.

Article 10 of the EU Charter on Fundamental Rights protects freedom of thought, conscience and religion. This includes the freedom to hold religious beliefs, non-religious beliefs, atheistic beliefs, non-theistic beliefs, and philosophical convictions.

The impact of this disparity between Irish equality laws and the EU Directives creates a structural inequality. Religious citizens and religious bodies are recognised, protected, funded, and privileged in ways that citizens with philosophical beliefs are not.

The problem is not merely symbolic. The lack of explicit legal recognition shapes how public bodies, schools, equality tribunals, legislators, and regulators understand and apply rights. It contributes to practical discrimination against atheists, humanists, secularists, and others with non-religious philosophical convictions.

Language matters in law. When equality legislation protects religious belief and the absence of religious belief, but does not explicitly protect philosophical belief, it shapes how public authorities understand equality. It narrows the protection given to citizens whose convictions are positive philosophical beliefs, not merely the absence of religion.

Atheist Ireland is campaigning to ensure that Irish equality legislation reflects EU Directives and that atheists, humanists and secularists enjoy exactly the same protection as those with religious beliefs.

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