Artykuły w czasopismach na temat „Minorities – Legal status, laws, etc. – India”

The protection of the rights of minorities remains an important challenge for both Pakistan and India. There are many violent public events towards minorities coupled with the failure of the Government to ensure the protection of their life and properties in both countries on various occasions. This study aims to investigate the constitutional and legal status of minorities in Pakistan and India. Since the nature of the topic is immeasurable in nature, a qualitative research approach through comparative analysis is carried out. The population of minorities in both countries is quantified through Pakistan's population census in 2017 and India's population census in 2011. The study highlights the presence of various provisions that are discriminatory in nature and presents a comparison of textual differences and similarities between the current constitutional provisions related to minorities in both countries. The study further indicates that the Constitution of the Islamic Republic of Pakistan, 1973, specified the minorities as religious minorities and ensured freedom in religious, social, and political matters, and the State is made liable to guarantee such freedom to the minorities. The Constitution of India, based on the philosophy of a secular state, assures equal opportunities to minorities, but the separate laws and regulations in different states make the religious minorities concerned about the secular philosophy. On the ground, both countries need to revise the constitutional provisions that lack clarity with regard to the rights of minorities. It is also important for both countries to ensure the implementation of current fundamental rights given in the Constitution, realize the importance of the welfare of minorities, and take the right policy and legislative interventions to protect the rights of minorities in Pakistan and India.

The peculiarities of the formation and development of legal status of national minorities, who were on Ukrainian territory during the studied period and were engaged in various types of economic activity, as well as the influence of the general imperial and local legislation on certain aspects of the life of national minorities, have been investigated. The regulatory and legislative acts that determined the legal status of various national communities have been analyzed. The conditions and circumstances under which the process of forming the legal status of national minorities on the territory of Ukraine took place during the 19th century have been shown in general terms. Changes in imperial legislation have been demonstrated depending on the attitude of the current government to certain events in the empire, which ranged from providing comprehensive assistance and support to a restrained attitude, and sometimes to open persecution, introduction of economic restrictions, confiscation of granted lands, etc. This was the case with representatives of the Jewish, German and Polish national minorities. Particular attention has been paid to such legislative documents of various levels as the Regulations on the settlement of Jews, the Regulations on Jews, the Instruction of the Office of Guardianship of Novorossiysk foreign settlers, the Statute on foreign colonies in the empire, the Laws “On the lease of landed property to foreigners for up to 36 years”, “On restricting the right of Catholic peasants to acquire land property in nine Western provinces”, “On the analysis of the gentry in the Western provinces and on the arrangement of this kind of people”, Regulations on the Main Department of Colonists of the Southern Territory, etc. It has been shown that the imperial power fully supported the actions aimed at the gradual assimilation and Russification of national communities, increased social tension, thereby weakening the tendency of the formation of national political forces.

This article analyses the legal methods used by various States to promote the linguistic diversity of national minorities and linguistic groups. The paper examines the experiences of some States (Russia, India, Switzerland, Spain, Canada, etc.) on the impact of language policies on the unity and integrity of States or the neglect of those policies, leading to secessionist and centrifugal tendencies. The aim of the study is to show that it is appropriate for the political authorities to establish a policy of respect for the linguistic diversity of the peoples of the countries concerned. On the basis of the study, the author concludes that respect for and protection of linguistic diversity is a key element in the issue of self-determination of peoples.

With the development of information and technology, our lifestyle has become such that one cannot live without using the internet, mobile phones, laptops, android phones applications etc. Due to this, human beings become exposed and knowingly or unknowingly share their personal data on these platforms. In this way, their right to privacy which is one of the aspects of the right to live with dignity, comes at stake. Privacy being a basic human right, we must recognize that a vision protective of information privacy in cyberspace will be singularly hard to maintain. The protection of the privacy interests of netizens is is in their hands. If netizens refuse to disclose their data, marketers have to employ technical measures which can be legally prevented. Objectives: The paper attempts to identify ways by which privacy is at risk to breach. The paper also aims to analyze the legal provisions available to maintain the privacy of any human being. Methodology: The paper is based on secondary information extracted from court cases, bare act of cyber-related laws, the constitution of India and press releases. The article will follow an analytical approach to understand the status of privacy in Indian laws. Main Findings: The major finding of the paper is that the unavailability of a specific law, rules for privacy is exist in the Indian legal system Implications: Digital revolution is now on full pace. Things are being virtual, digital life replacing physical one. People appreciate the digital avatar of social media because of breach of privacy if users do not follow due safety measures. This study has importance recognizing the importance of privacy in the course of maintaining the dignity of people. This study also inevitable in the legal sphere to identify legal remedies in case of breach of privacy. Novelty of Study: This study is original as it attempts to create an awareness regarding how privacy of an individual is important and should be kept unopened for strangers.

The peninsula of Athos in Chalkidiki became a center of organized monachal life in monasteries in the year 963, when with the initiative of the Byzantine emperor Nichephorus Phocas the Monastery of Great Laura was founded. Since that time Mount Athos (=MA) became the "Holy Mountain" and has attracted the moral and material support of the Byzantine emperors, various Orthodox countries and the flock till today. During this long period of more then one thousand years, MA was armed with a privileged legal status, the existence of which continues till now. The legal status of MA is based on three foundations: I. The law of the Hellenic Republic, II. The Public International Law, and III. The European Law. I. Fundamental significance for the status of MA have the provisions of article 105 of the Greek Constitution. Then is the Charter of MA, which is drawn up and voted by the Athonite monachal authorities and afterwards ratified by the Ecumenical Patriarchate of Constantinople and the Greek Parliament. The Charter is a law of superior formal force in comparison to the other laws. According to the Constitution and the Charter, MA has an ancient privileged status and is a self-governed part of the Greek State, whose sovereignty remains intact. Spiritually MA is under the direct jurisdiction of the Ecumenical Patriarchate, direct in the sense that the Ecumenical Patriarch is also the local bishop of MA The territory of the peninsula is exempt from expropriation and is divided among the twenty Athonite monasteries exclusively. The administrative power lies in self-administration of the first and the second degree. The first is exercised by the ruling twenty monasteries. This number may not be changed, nor may their position in the preeminence, nor towards their dependencies (skates, cells, hermitages). Nowadays all the monasteries are coenobitic, i.e. the monks share a common life and have no private property. The monasteries are administered by the abbot, the Elders' Assembly and the Brotherhood. Second degree administration is operated by: 1. the Holy Community. It is comprised by twenty monks members, each of whom represents one monastery, 2. the Holy Community's executive organ is the Hiera Epistassia, which comprises four monks drawn annually from four monasteries in rotation. The leader of the Hiera Epistassia is called the First (= Protos). The Hiera Epistassis also performs specific duties as police force, police court and municipality of Karyes, the capital town of MA The legislative power is in the hands of: 1. The Holy Community as far as concerns the Charter of MA, 2. the Extraordinary Biannual Twenty-Members Assembly, which draws up the regulative provisions, and 3. the Greek State, as far as concerns: a) the rights and the duties of the (civil) Governor of MA, b) the judicial power of the Athonite authorities, and c) the custom and taxation privileges granted by the State to MA The judicial power belongs to: 1. the monastic courts (the abbot with the Elders' Assembly), 2. the Holy Community, 3. the Hiera Epistassia, and 4. the Ecumenical Patriarchate. The observance of the regimes is in the spiritual field under the supreme supervision of the Patriarchate and in the administrative under the supervision of the State, which is also exclusively responsible for safeguarding public order and security. These responsibilities of the State are exercised through the (civil) Governor of MA, whose rights and duties are determined by common law. All persons leading a monastic life in MA acquire the Greek citizenship without further formalities, upon admission in a monastery as novices or monks. Also persons who are not Orthodox Christians or they are schismatic Orthodox are prohibited from dwelling in MA II. The first international treaty that recognized an international protection of the MA status was that of San Stefano (1878), but only for the Russian monks. The Treaty of Berlin (also 1878) recognized the same protection for all the monks who were not borne in the Ottoman empire. Its article n? 62,8 was as follows: "Les moines du Mont Athos, quel que soit leur pays d'origine, seront maintenus dans leurs possessions et avantages ant?rieurs et jouiront, sans aucune exception, d'une enti?re ?galit? de droits et prerogatives". This provision was repeated in the special treaties of S?vres (1920) and then in the protocol of the Treaty of Lausanne (1923). These treaties safeguarded the rights and the liberties of the non-Greek monastic communi ties in MA as follows: "La Gr?ce s'engage ? reconna?tre et maintenir les droits traditionnels et les libert?s, dont jouissent les communaut?s monastiques non grecques du Mont Athos d'apr?s les dispositions de l'article 62 du trait? de Berlin du 13 juillet 1878". The same provision has been repeated in the Legislative Decree of 29.9/30.10.1923 "On the Protection of Minorities in Greece", article 13. III. Because a lot of provisions of the MA law are opposite to the principles of the European Union (for example the clausura to women, the special license in order to visit the peninsula, the taxation and customs privileges etc.), Joint Declaration n? 4 concerns MA was included in the Final Act (1979) of the Agreement concerning the accession of the Hellenic Republic in the European Economic Community, now-a days European Union. According to this Declaration, recognizing that the special status granted to MA, as guaranteed by the Greek Constitution, is justified exclusively on grounds of a spiritual and religious nature, the Community will ensure that this status is taken into account in the application and subsequent preparation of pro visions of Community law, in particular in relation to customs franchise privileges, tax exemptions, and the right of establishment. .

AbstractManaging the issue of a Muslim minority has been an important question for some Western democracies over the last 50 years, and different states have implemented varying frameworks to grant some sort of group autonomy to Muslim minorities in a show of support for diversity. In recent years, however, scholarly analysis of these frameworks has exposed some of the vulnerabilities women from Islamic minorities face when navigating personal status systems. This article explores some of those frameworks and the ways democratic nations grapple with the rights granted to women under a human rights agenda, and the conflicting tension between these rights and the rights of women in Islamic personal status law. This article will focus particularly on Islamic inheritance laws and the way these laws interact with the legal systems of India and the United Kingdom. Part I will address the conflict between theories of liberal multiculturalism and feminism, and discuss the common desire for Muslim minorities to exercise some sort of control in the areas of personal status laws (being marriage, divorce, custody and inheritance). Parts II and III seek to contextualize and outline women’s rights within both the general international human rights framework and the Islamic inheritance law framework. Parts IV and V will then explore the two different ways that India and the United Kingdom grant autonomy to Islamic minorities and address vulnerabilities women face in a human rights context. Analysis of these systems will show that it remains questionable whether they comply with each country’s international law obligations. Finally, Part VI of this article will outline a proposed working model drawing on Shachar’s intersectionist approach to recognize and prioritize the multiple identities of Muslim women and the necessity for inter and intra group dialogue in resolving tensions between minority rights and the rights granted to women within the human rights framework.

The ever-controversial issue of sexual minorities and homosexuality has remained contentious since the very term was introduced, primarily because it has been seen as unnatural and does not correspond with what society as well as the legal norms prevailing in the society, define as ‘normal’. It becomes imperative to briefly examine the development of the laws governing these populations and their impact on the societies’ evolving attitudes towards homosexual relationships and transgender, to show the progress of the gay liberation movement and its effects on formulation of the laws in the society. Aside from the judgment of the heterosexual world, many myths about homosexuality have been imagined. Thus, with this backdrop on the issue at hand, the authors aspire to analyze and attempt to unveil these myths, arguing about the welfare and protection of these classes of individuals who fight a daily battle to secure their identities in the society we dwell in. The authors strive to comprehend the legal status of the LGBT communities across the globe and compare their plight to that in India, to critically analyze their legal rights and interests and ensure the level of implementation in the various regimes, to comprehend the various judicial measures that have been undertaken to safeguard the very existence of such communities, and conclusively enunciate the various lessons that could be learnt from the ongoing judicial trend and how the same may be put in application considering the Indian modus operandi. The authors aim to dig deep into the concerns where these aversions in relation to homosexuality can be reversed and the society could evolve as broad-minded, understanding the concerns of such persons who live under the constant apprehension of being ‘found out’ and the various forms of discrimination and atrocities that they have faced and are still facing under the present Indian legal regime. Keywords: sexual minorities; homosexuality; legal status; judicial trends; India

The world has become a global village and distance is no more the challenge. The direct impact of this positive change can be seen in interaction of various citizens of different countries belonging to diverse social, cultural and religious background. But cross border movements, inter-country migration and cross border marriages creates a new challenge like inter parental child abduction. In case of cross border broken marriages, there arise various issues like infringement of spouse’s parental rights, parallel conflicting legal disputes in different countries, non participation of various countries to Hague convention for welfare of children, isolation of child in foreign abodes due to connection with Indian soil, etc. Inter parental child abduction is neither considered as an offence, nor it is covered under any statutory laws of India. Like 94 nations, India is not a signatory to The Hague Convention on Civil Aspects of International Child Abduction, 1980, a multi lateral treaty developed by Hague Conference on Private International Law. Due to its non signatory status the judges of foreign countries do not trust Indian courts and do not permit the parent to take child to India, fearing its non-return. In absence of any international legal instrument, the litigating parents will have to bear unnecessary expenses of visa, travel, litigation, etc and unfortunate child will become a trophy to be won in the clashes of egos of litigating parents.

Transgender people are discriminated based on their gender identity, especially, in the societies of South Asian countries. The legal recognition of this ‘third sex’ had to wait long in countries like India, Pakistan, Nepal and Bangladesh. The human rights of these people are being violated in every sector although having been recognized as ‘citizens’ by their respective governments. Many countries have already started to let them get involved in different social and economic activities. In 2013, the Bangladesh government declared the status of the third gender to the transgender people of its territory. This recognition was aimed to protect all the human rights of the third gender enabling them to identify their gender as ‘Hijra’ in all government documents and passport. Section 27 of the Constitution of Bangladesh states that ‘All the citizens are equal before the law and are entitled to equal protection of law’. But the legal protection of the human rights of the newly recognized third gender is questionable till now. The Prevention of Oppression against Women and Children Act, 2000 describes the rights of only women and children. In Bangladesh, the transgender people are becoming rape victims everywhere but unlike women and children, their rape cases never get filed as the police officers do not even believe that anyone can rape these third genders. This social taboo and negligence are costing the sexual minorities their human rights like legal protection. Therefore, it has become important to address this issue to create social awareness which might induce the urgency to practice equal laws for every gender identity. In this paper, a critical analysis of the human rights of Bangladeshi transgendered people has been performed. Finally, the human rights condition of transgender people of Nepal and India is also discussed.

Life below water is a complex, varied and important part of our planet. An aquatic ecosystem includes freshwater habitats like lakes, ponds, river, ocean and streams, wetlands, reefs etc. It plays a vital role in regulation of the climate, act as home to a vast number of species, and provide resources upon which human communities depend. This research paper delves into the assessment of Sustainable Development Goal 14 (Life Below Water) in the context of India. It discusses the components, threats and measures to alleviate the hazard of polluting marine environment. Examining in depth the history of UN on sustainable development goal 14, agreements and protocols signed, analyzing the conferences held in countries across the world including India, laws enacted by several countries across the world , pacts signed at international level. It explores the challenges, legal framework drawn, efforts and initiatives undertaken by the Government of India, roles played by the people in safeguarding aquatic ecosystems, including marine, ocean, and river bodies by collecting and compiling the relevant data from various national and International Agencies for analyzing and hypothesizing the poor condition of Life Below Water. Drawing from extensive research data collected in 2023, regarding India and the world, this study offers valuable insights into the current status of marine conservation and aquatic resource management in India.

"Self-Reliance" is an 1841 essay written by American transcendentalist philosopher and essayist Ralph Waldo Emerson. It contains the most thorough statement of one of Emerson's recurrent themes: the need for each individual to avoid conformity and false consistency, and follow his own instincts and ideas. . The debate surrounding the self reliance will be meaningless if issues related to women in a large country like India will not only be inappropriate but sometimes even misleading. Women specific and women related legislations have been enacted to safeguard the rights and interest of women, besides protecting against discrimination, violence, and atrocities and also to prevent socially undesirable practices. Despite the constitutional mandate of equal legal status for the girl child, the same is yet to be realized. The de jure laws have not been translated into de facto situation for various reasons such as illiteracy, social practices, prejudices, cultural norms based on patriarchal values, poor representation of women in policy-making, poverty, regional disparity in development, lack of access and opportunity to information and resources etc. According to the Uttar Pradesh Govt. sources, female life expectancy is less than 55 years and the under-five mortality rate is as high as 141 per thousand. Australia was the first country to develop a gender-sensitive budget, with the Federal government publishing in 1984 the first comprehensive audit of a government budget for its impact on women and girls. Empowerment of women is essentially the process of upliftment of economic, social and political status of women, the traditionally underprivileged ones, in the society. It involves the building up of a society wherein in women can breathe without the fear of oppression, exploitation, apprehension, discrimination and the general feeling of persecution which goes with being a woman in a traditionally male dominated structure. One major therapy prescribed by woman empowerment advocates is empowering women through legislation for ensuring participation in political decision making. Such an approach provides the women with a constitutional platform to stand up to men, to raise their voice on issues concerning women oppression, subjugation and related issues and thus in effect, providing them with an identity in an orthodox male dominated socio-political set up, in addition to providing a much needed forum to seek redressal of problems directly affecting them: the true essence of empowerment. The present paper attempts to look into the dynamism of the process whereby women empowerment is achieved (?) through legislation or women participation in the Panchayati Raj Institution. KEYWORDS: Self Reliance, Gender Bugdeting, Women empowerment, Panchayati Raj Institutions.

Photo ID 158378414 © Eduard Muzhevskyi | Dreamstime.com ABSTRACT There is a debate about the ethical implications of using human embryos in stem cell research, which can be influenced by cultural, moral, and social values. This paper argues for an adaptable framework to accommodate diverse cultural and religious perspectives. By using an adaptive ethics model, research protections can reflect various populations and foster growth in stem cell research possibilities. INTRODUCTION Stem cell research combines biology, medicine, and technology, promising to alter health care and the understanding of human development. Yet, ethical contention exists because of individuals’ perceptions of using human embryos based on their various cultural, moral, and social values. While these disagreements concerning policy, use, and general acceptance have prompted the development of an international ethics policy, such a uniform approach can overlook the nuanced ethical landscapes between cultures. With diverse viewpoints in public health, a single global policy, especially one reflecting Western ethics or the ethics prevalent in high-income countries, is impractical. This paper argues for a culturally sensitive, adaptable framework for the use of embryonic stem cells. Stem cell policy should accommodate varying ethical viewpoints and promote an effective global dialogue. With an extension of an ethics model that can adapt to various cultures, we recommend localized guidelines that reflect the moral views of the people those guidelines serve. BACKGROUND Stem cells, characterized by their unique ability to differentiate into various cell types, enable the repair or replacement of damaged tissues. Two primary types of stem cells are somatic stem cells (adult stem cells) and embryonic stem cells. Adult stem cells exist in developed tissues and maintain the body’s repair processes.[1] Embryonic stem cells (ESC) are remarkably pluripotent or versatile, making them valuable in research.[2] However, the use of ESCs has sparked ethics debates. Considering the potential of embryonic stem cells, research guidelines are essential. The International Society for Stem Cell Research (ISSCR) provides international stem cell research guidelines. They call for “public conversations touching on the scientific significance as well as the societal and ethical issues raised by ESC research.”[3] The ISSCR also publishes updates about culturing human embryos 14 days post fertilization, suggesting local policies and regulations should continue to evolve as ESC research develops.[4] Like the ISSCR, which calls for local law and policy to adapt to developing stem cell research given cultural acceptance, this paper highlights the importance of local social factors such as religion and culture. I. Global Cultural Perspective of Embryonic Stem Cells Views on ESCs vary throughout the world. Some countries readily embrace stem cell research and therapies, while others have stricter regulations due to ethical concerns surrounding embryonic stem cells and when an embryo becomes entitled to moral consideration. The philosophical issue of when the “someone” begins to be a human after fertilization, in the morally relevant sense,[5] impacts when an embryo becomes not just worthy of protection but morally entitled to it. The process of creating embryonic stem cell lines involves the destruction of the embryos for research.[6] Consequently, global engagement in ESC research depends on social-cultural acceptability. a. US and Rights-Based Cultures In the United States, attitudes toward stem cell therapies are diverse. The ethics and social approaches, which value individualism,[7] trigger debates regarding the destruction of human embryos, creating a complex regulatory environment. For example, the 1996 Dickey-Wicker Amendment prohibited federal funding for the creation of embryos for research and the destruction of embryos for “more than allowed for research on fetuses in utero.”[8] Following suit, in 2001, the Bush Administration heavily restricted stem cell lines for research. However, the Stem Cell Research Enhancement Act of 2005 was proposed to help develop ESC research but was ultimately vetoed.[9] Under the Obama administration, in 2009, an executive order lifted restrictions allowing for more development in this field.[10] The flux of research capacity and funding parallels the different cultural perceptions of human dignity of the embryo and how it is socially presented within the country’s research culture.[11] b. Ubuntu and Collective Cultures African bioethics differs from Western individualism because of the different traditions and values. African traditions, as described by individuals from South Africa and supported by some studies in other African countries, including Ghana and Kenya, follow the African moral philosophies of Ubuntu or Botho and Ukama, which “advocates for a form of wholeness that comes through one’s relationship and connectedness with other people in the society,”[12] making autonomy a socially collective concept. In this context, for the community to act autonomously, individuals would come together to decide what is best for the collective. Thus, stem cell research would require examining the value of the research to society as a whole and the use of the embryos as a collective societal resource. If society views the source as part of the collective whole, and opposes using stem cells, compromising the cultural values to pursue research may cause social detachment and stunt research growth.[13] Based on local culture and moral philosophy, the permissibility of stem cell research depends on how embryo, stem cell, and cell line therapies relate to the community as a whole. Ubuntu is the expression of humanness, with the person’s identity drawn from the “’I am because we are’” value.[14] The decision in a collectivistic culture becomes one born of cultural context, and individual decisions give deference to others in the society. Consent differs in cultures where thought and moral philosophy are based on a collective paradigm. So, applying Western bioethical concepts is unrealistic. For one, Africa is a diverse continent with many countries with different belief systems, access to health care, and reliance on traditional or Western medicines. Where traditional medicine is the primary treatment, the “’restrictive focus on biomedically-related bioethics’” [is] problematic in African contexts because it neglects bioethical issues raised by traditional systems.”[15] No single approach applies in all areas or contexts. Rather than evaluating the permissibility of ESC research according to Western concepts such as the four principles approach, different ethics approaches should prevail. Another consideration is the socio-economic standing of countries. In parts of South Africa, researchers have not focused heavily on contributing to the stem cell discourse, either because it is not considered health care or a health science priority or because resources are unavailable.[16] Each country’s priorities differ given different social, political, and economic factors. In South Africa, for instance, areas such as maternal mortality, non-communicable diseases, telemedicine, and the strength of health systems need improvement and require more focus[17] Stem cell research could benefit the population, but it also could divert resources from basic medical care. Researchers in South Africa adhere to the National Health Act and Medicines Control Act in South Africa and international guidelines; however, the Act is not strictly enforced, and there is no clear legislation for research conduct or ethical guidelines.[18] Some parts of Africa condemn stem cell research. For example, 98.2 percent of the Tunisian population is Muslim.[19] Tunisia does not permit stem cell research because of moral conflict with a Fatwa. Religion heavily saturates the regulation and direction of research.[20] Stem cell use became permissible for reproductive purposes only recently, with tight restrictions preventing cells from being used in any research other than procedures concerning ART/IVF. Their use is conditioned on consent, and available only to married couples.[21] The community's receptiveness to stem cell research depends on including communitarian African ethics. c. Asia Some Asian countries also have a collective model of ethics and decision making.[22] In China, the ethics model promotes a sincere respect for life or human dignity,[23] based on protective medicine. This model, influenced by Traditional Chinese Medicine (TCM), [24] recognizes Qi as the vital energy delivered via the meridians of the body; it connects illness to body systems, the body’s entire constitution, and the universe for a holistic bond of nature, health, and quality of life.[25] Following a protective ethics model, and traditional customs of wholeness, investment in stem cell research is heavily desired for its applications in regenerative therapies, disease modeling, and protective medicines. In a survey of medical students and healthcare practitioners, 30.8 percent considered stem cell research morally unacceptable while 63.5 percent accepted medical research using human embryonic stem cells. Of these individuals, 89.9 percent supported increased funding for stem cell research.[26] The scientific community might not reflect the overall population. From 1997 to 2019, China spent a total of $576 million (USD) on stem cell research at 8,050 stem cell programs, increased published presence from 0.6 percent to 14.01 percent of total global stem cell publications as of 2014, and made significant strides in cell-based therapies for various medical conditions.[27] However, while China has made substantial investments in stem cell research and achieved notable progress in clinical applications, concerns linger regarding ethical oversight and transparency.[28] For example, the China Biosecurity Law, promoted by the National Health Commission and China Hospital Association, attempted to mitigate risks by introducing an institutional review board (IRB) in the regulatory bodies. 5800 IRBs registered with the Chinese Clinical Trial Registry since 2021.[29] However, issues still need to be addressed in implementing effective IRB review and approval procedures. The substantial government funding and focus on scientific advancement have sometimes overshadowed considerations of regional cultures, ethnic minorities, and individual perspectives, particularly evident during the one-child policy era. As government policy adapts to promote public stability, such as the change from the one-child to the two-child policy,[30] research ethics should also adapt to ensure respect for the values of its represented peoples. Japan is also relatively supportive of stem cell research and therapies. Japan has a more transparent regulatory framework, allowing for faster approval of regenerative medicine products, which has led to several advanced clinical trials and therapies.[31] South Korea is also actively engaged in stem cell research and has a history of breakthroughs in cloning and embryonic stem cells.[32] However, the field is controversial, and there are issues of scientific integrity. For example, the Korean FDA fast-tracked products for approval,[33] and in another instance, the oocyte source was unclear and possibly violated ethical standards.[34] Trust is important in research, as it builds collaborative foundations between colleagues, trial participant comfort, open-mindedness for complicated and sensitive discussions, and supports regulatory procedures for stakeholders. There is a need to respect the culture’s interest, engagement, and for research and clinical trials to be transparent and have ethical oversight to promote global research discourse and trust. d. Middle East Countries in the Middle East have varying degrees of acceptance of or restrictions to policies related to using embryonic stem cells due to cultural and religious influences. Saudi Arabia has made significant contributions to stem cell research, and conducts research based on international guidelines for ethical conduct and under strict adherence to guidelines in accordance with Islamic principles. Specifically, the Saudi government and people require ESC research to adhere to Sharia law. In addition to umbilical and placental stem cells,[35] Saudi Arabia permits the use of embryonic stem cells as long as they come from miscarriages, therapeutic abortions permissible by Sharia law, or are left over from in vitro fertilization and donated to research.[36] Laws and ethical guidelines for stem cell research allow the development of research institutions such as the King Abdullah International Medical Research Center, which has a cord blood bank and a stem cell registry with nearly 10,000 donors.[37] Such volume and acceptance are due to the ethical ‘permissibility’ of the donor sources, which do not conflict with religious pillars. However, some researchers err on the side of caution, choosing not to use embryos or fetal tissue as they feel it is unethical to do so.[38] Jordan has a positive research ethics culture.[39] However, there is a significant issue of lack of trust in researchers, with 45.23 percent (38.66 percent agreeing and 6.57 percent strongly agreeing) of Jordanians holding a low level of trust in researchers, compared to 81.34 percent of Jordanians agreeing that they feel safe to participate in a research trial.[40] Safety testifies to the feeling of confidence that adequate measures are in place to protect participants from harm, whereas trust in researchers could represent the confidence in researchers to act in the participants’ best interests, adhere to ethical guidelines, provide accurate information, and respect participants’ rights and dignity. One method to improve trust would be to address communication issues relevant to ESC. Legislation surrounding stem cell research has adopted specific language, especially concerning clarification “between ‘stem cells’ and ‘embryonic stem cells’” in translation.[41] Furthermore, legislation “mandates the creation of a national committee… laying out specific regulations for stem-cell banking in accordance with international standards.”[42] This broad regulation opens the door for future global engagement and maintains transparency. However, these regulations may also constrain the influence of research direction, pace, and accessibility of research outcomes. e. Europe In the European Union (EU), ethics is also principle-based, but the principles of autonomy, dignity, integrity, and vulnerability are interconnected.[43] As such, the opportunity for cohesion and concessions between individuals’ thoughts and ideals allows for a more adaptable ethics model due to the flexible principles that relate to the human experience The EU has put forth a framework in its Convention for the Protection of Human Rights and Dignity of the Human Being allowing member states to take different approaches. Each European state applies these principles to its specific conventions, leading to or reflecting different acceptance levels of stem cell research. [44] For example, in Germany, Lebenzusammenhang, or the coherence of life, references integrity in the unity of human culture. Namely, the personal sphere “should not be subject to external intervention.”[45] Stem cell interventions could affect this concept of bodily completeness, leading to heavy restrictions. Under the Grundgesetz, human dignity and the right to life with physical integrity are paramount.[46] The Embryo Protection Act of 1991 made producing cell lines illegal. Cell lines can be imported if approved by the Central Ethics Commission for Stem Cell Research only if they were derived before May 2007.[47] Stem cell research respects the integrity of life for the embryo with heavy specifications and intense oversight. This is vastly different in Finland, where the regulatory bodies find research more permissible in IVF excess, but only up to 14 days after fertilization.[48] Spain’s approach differs still, with a comprehensive regulatory framework.[49] Thus, research regulation can be culture-specific due to variations in applied principles. Diverse cultures call for various approaches to ethical permissibility.[50] Only an adaptive-deliberative model can address the cultural constructions of self and achieve positive, culturally sensitive stem cell research practices.[51] II. Religious Perspectives on ESC Embryonic stem cell sources are the main consideration within religious contexts. While individuals may not regard their own religious texts as authoritative or factual, religion can shape their foundations or perspectives. The Qur'an states: “And indeed We created man from a quintessence of clay. Then We placed within him a small quantity of nutfa (sperm to fertilize) in a safe place. Then We have fashioned the nutfa into an ‘alaqa (clinging clot or cell cluster), then We developed the ‘alaqa into mudgha (a lump of flesh), and We made mudgha into bones, and clothed the bones with flesh, then We brought it into being as a new creation. So Blessed is Allah, the Best of Creators.”[52] Many scholars of Islam estimate the time of soul installment, marked by the angel breathing in the soul to bring the individual into creation, as 120 days from conception.[53] Personhood begins at this point, and the value of life would prohibit research or experimentation that could harm the individual. If the fetus is more than 120 days old, the time ensoulment is interpreted to occur according to Islamic law, abortion is no longer permissible.[54] There are a few opposing opinions about early embryos in Islamic traditions. According to some Islamic theologians, there is no ensoulment of the early embryo, which is the source of stem cells for ESC research.[55] In Buddhism, the stance on stem cell research is not settled. The main tenets, the prohibition against harming or destroying others (ahimsa) and the pursuit of knowledge (prajña) and compassion (karuna), leave Buddhist scholars and communities divided.[56] Some scholars argue stem cell research is in accordance with the Buddhist tenet of seeking knowledge and ending human suffering. Others feel it violates the principle of not harming others. Finding the balance between these two points relies on the karmic burden of Buddhist morality. In trying to prevent ahimsa towards the embryo, Buddhist scholars suggest that to comply with Buddhist tenets, research cannot be done as the embryo has personhood at the moment of conception and would reincarnate immediately, harming the individual's ability to build their karmic burden.[57] On the other hand, the Bodhisattvas, those considered to be on the path to enlightenment or Nirvana, have given organs and flesh to others to help alleviate grieving and to benefit all.[58] Acceptance varies on applied beliefs and interpretations. Catholicism does not support embryonic stem cell research, as it entails creation or destruction of human embryos. This destruction conflicts with the belief in the sanctity of life. For example, in the Old Testament, Genesis describes humanity as being created in God’s image and multiplying on the Earth, referencing the sacred rights to human conception and the purpose of development and life. In the Ten Commandments, the tenet that one should not kill has numerous interpretations where killing could mean murder or shedding of the sanctity of life, demonstrating the high value of human personhood. In other books, the theological conception of when life begins is interpreted as in utero,[59] highlighting the inviolability of life and its formation in vivo to make a religious point for accepting such research as relatively limited, if at all.[60] The Vatican has released ethical directives to help apply a theological basis to modern-day conflicts. The Magisterium of the Church states that “unless there is a moral certainty of not causing harm,” experimentation on fetuses, fertilized cells, stem cells, or embryos constitutes a crime.[61] Such procedures would not respect the human person who exists at these stages, according to Catholicism. Damages to the embryo are considered gravely immoral and illicit.[62] Although the Catholic Church officially opposes abortion, surveys demonstrate that many Catholic people hold pro-choice views, whether due to the context of conception, stage of pregnancy, threat to the mother’s life, or for other reasons, demonstrating that practicing members can also accept some but not all tenets.[63] Some major Jewish denominations, such as the Reform, Conservative, and Reconstructionist movements, are open to supporting ESC use or research as long as it is for saving a life.[64] Within Judaism, the Talmud, or study, gives personhood to the child at birth and emphasizes that life does not begin at conception:[65] “If she is found pregnant, until the fortieth day it is mere fluid,”[66] Whereas most religions prioritize the status of human embryos, the Halakah (Jewish religious law) states that to save one life, most other religious laws can be ignored because it is in pursuit of preservation.[67] Stem cell research is accepted due to application of these religious laws. We recognize that all religions contain subsets and sects. The variety of environmental and cultural differences within religious groups requires further analysis to respect the flexibility of religious thoughts and practices. We make no presumptions that all cultures require notions of autonomy or morality as under the common morality theory, which asserts a set of universal moral norms that all individuals share provides moral reasoning and guides ethical decisions.[68] We only wish to show that the interaction with morality varies between cultures and countries. III. A Flexible Ethical Approach The plurality of different moral approaches described above demonstrates that there can be no universally acceptable uniform law for ESC on a global scale. Instead of developing one standard, flexible ethical applications must be continued. We recommend local guidelines that incorporate important cultural and ethical priorities. While the Declaration of Helsinki is more relevant to people in clinical trials receiving ESC products, in keeping with the tradition of protections for research subjects, consent of the donor is an ethical requirement for ESC donation in many jurisdictions including the US, Canada, and Europe.[69] The Declaration of Helsinki provides a reference point for regulatory standards and could potentially be used as a universal baseline for obtaining consent prior to gamete or embryo donation. For instance, in Columbia University’s egg donor program for stem cell research, donors followed standard screening protocols and “underwent counseling sessions that included information as to the purpose of oocyte donation for research, what the oocytes would be used for, the risks and benefits of donation, and process of oocyte stimulation” to ensure transparency for consent.[70] The program helped advance stem cell research and provided clear and safe research methods with paid participants. Though paid participation or covering costs of incidental expenses may not be socially acceptable in every culture or context,[71] and creating embryos for ESC research is illegal in many jurisdictions, Columbia’s program was effective because of the clear and honest communications with donors, IRBs, and related stakeholders. This example demonstrates that cultural acceptance of scientific research and of the idea that an egg or embryo does not have personhood is likely behind societal acceptance of donating eggs for ESC research. As noted, many countries do not permit the creation of embryos for research. Proper communication and education regarding the process and purpose of stem cell research may bolster comprehension and garner more acceptance. “Given the sensitive subject material, a complete consent process can support voluntary participation through trust, understanding, and ethical norms from the cultures and morals participants value. This can be hard for researchers entering countries of different socioeconomic stability, with different languages and different societal values.[72] An adequate moral foundation in medical ethics is derived from the cultural and religious basis that informs knowledge and actions.[73] Understanding local cultural and religious values and their impact on research could help researchers develop humility and promote inclusion. IV. Concerns Some may argue that if researchers all adhere to one ethics standard, protection will be satisfied across all borders, and the global public will trust researchers. However, defining what needs to be protected and how to define such research standards is very specific to the people to which standards are applied. We suggest that applying one uniform guide cannot accurately protect each individual because we all possess our own perceptions and interpretations of social values.[74] Therefore, the issue of not adjusting to the moral pluralism between peoples in applying one standard of ethics can be resolved by building out ethics models that can be adapted to different cultures and religions. Other concerns include medical tourism, which may promote health inequities.[75] Some countries may develop and approve products derived from ESC research before others, compromising research ethics or drug approval processes. There are also concerns about the sale of unauthorized stem cell treatments, for example, those without FDA approval in the United States. Countries with robust research infrastructures may be tempted to attract medical tourists, and some customers will have false hopes based on aggressive publicity of unproven treatments.[76] For example, in China, stem cell clinics can market to foreign clients who are not protected under the regulatory regimes. Companies employ a marketing strategy of “ethically friendly” therapies. Specifically, in the case of Beike, China’s leading stem cell tourism company and sprouting network, ethical oversight of administrators or health bureaus at one site has “the unintended consequence of shifting questionable activities to another node in Beike's diffuse network.”[77] In contrast, Jordan is aware of stem cell research’s potential abuse and its own status as a “health-care hub.” Jordan’s expanded regulations include preserving the interests of individuals in clinical trials and banning private companies from ESC research to preserve transparency and the integrity of research practices.[78] The social priorities of the community are also a concern. The ISSCR explicitly states that guidelines “should be periodically revised to accommodate scientific advances, new challenges, and evolving social priorities.”[79] The adaptable ethics model extends this consideration further by addressing whether research is warranted given the varying degrees of socioeconomic conditions, political stability, and healthcare accessibilities and limitations. An ethical approach would require discussion about resource allocation and appropriate distribution of funds.[80] CONCLUSION While some religions emphasize the sanctity of life from conception, which may lead to public opposition to ESC research, others encourage ESC research due to its potential for healing and alleviating human pain. Many countries have special regulations that balance local views on embryonic personhood, the benefits of research as individual or societal goods, and the protection of human research subjects. To foster understanding and constructive dialogue, global policy frameworks should prioritize the protection of universal human rights, transparency, and informed consent. In addition to these foundational global policies, we recommend tailoring local guidelines to reflect the diverse cultural and religious perspectives of the populations they govern. Ethics models should be adapted to local populations to effectively establish research protections, growth, and possibilities of stem cell research. For example, in countries with strong beliefs in the moral sanctity of embryos or heavy religious restrictions, an adaptive model can allow for discussion instead of immediate rejection. In countries with limited individual rights and voice in science policy, an adaptive model ensures cultural, moral, and religious views are taken into consideration, thereby building social inclusion. While this ethical consideration by the government may not give a complete voice to every individual, it will help balance policies and maintain the diverse perspectives of those it affects. Embracing an adaptive ethics model of ESC research promotes open-minded dialogue and respect for the importance of human belief and tradition. By actively engaging with cultural and religious values, researchers can better handle disagreements and promote ethical research practices that benefit each society. This brief exploration of the religious and cultural differences that impact ESC research reveals the nuances of relative ethics and highlights a need for local policymakers to apply a more intense adaptive model. - [1] Poliwoda, S., Noor, N., Downs, E., Schaaf, A., Cantwell, A., Ganti, L., Kaye, A. D., Mosel, L. I., Carroll, C. B., Viswanath, O., & Urits, I. (2022). Stem cells: a comprehensive review of origins and emerging clinical roles in medical practice. 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[14] Jecker, N. S., & Atuire, C. (2021). Bioethics in Africa: A contextually enlightened analysis of three cases. Developing World Bioethics, 22(2), 112–122. https://doi.org/10.1111/dewb.12324 [15] Jecker, N. S., & Atuire, C. (2021). Bioethics in Africa: A contextually enlightened analysis of three cases. Developing World Bioethics, 22(2), 112–122. https://doi.org/10.1111/dewb.12324 [16] Jackson, C.S., Pepper, M.S. Opportunities and barriers to establishing a cell therapy programme in South Africa. Stem Cell Res Ther 4, 54 (2013). https://doi.org/10.1186/scrt204; Pew Research Center. (2014, May 1). Public health a major priority in African nations. Pew Research Center’s Global Attitudes Project. https://www.pewresearch.org/global/2014/05/01/public-health-a-major-priority-in-african-nations/ [17] Department of Health Republic of South Africa. (2021). Health Research Priorities (revised) for South Africa 2021-2024. National Health Research Strategy. https://www.health.gov.za/wp-content/uploads/2022/05/National-Health-Research-Priorities-2021-2024.pdf [18] Oosthuizen, H. (2013). Legal and Ethical Issues in Stem Cell Research in South Africa. In: Beran, R. (eds) Legal and Forensic Medicine. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-32338-6_80, see also: Gaobotse G (2018) Stem Cell Research in Africa: Legislation and Challenges. J Regen Med 7:1. doi: 10.4172/2325-9620.1000142 [19] United States Bureau of Citizenship and Immigration Services. (1998). Tunisia: Information on the status of Christian conversions in Tunisia. UNHCR Web Archive. https://webarchive.archive.unhcr.org/20230522142618/https://www.refworld.org/docid/3df0be9a2.html [20] Gaobotse, G. (2018) Stem Cell Research in Africa: Legislation and Challenges. J Regen Med 7:1. doi: 10.4172/2325-9620.1000142 [21] Kooli, C. Review of assisted reproduction techniques, laws, and regulations in Muslim countries. Middle East Fertil Soc J 24, 8 (2020). https://doi.org/10.1186/s43043-019-0011-0; Gaobotse, G. (2018) Stem Cell Research in Africa: Legislation and Challenges. J Regen Med 7:1. doi: 10.4172/2325-9620.1000142 [22] Pang M. C. (1999). Protective truthfulness: the Chinese way of safeguarding patients in informed treatment decisions. Journal of medical ethics, 25(3), 247–253. https://doi.org/10.1136/jme.25.3.247 [23] Wang, L., Wang, F., & Zhang, W. (2021). Bioethics in China’s biosecurity law: Forms, effects, and unsettled issues. Journal of law and the biosciences, 8(1). https://doi.org/10.1093/jlb/lsab019 https://academic.oup.com/jlb/article/8/1/lsab019/6299199 [24] Wang, Y., Xue, Y., & Guo, H. D. (2022). Intervention effects of traditional Chinese medicine on stem cell therapy of myocardial infarction. Frontiers in pharmacology, 13, 1013740. https://doi.org/10.3389/fphar.2022.1013740 [25] Li, X.-T., & Zhao, J. (2012). Chapter 4: An Approach to the Nature of Qi in TCM- Qi and Bioenergy. In Recent Advances in Theories and Practice of Chinese Medicine (p. 79). InTech. [26] Luo, D., Xu, Z., Wang, Z., & Ran, W. (2021). China's Stem Cell Research and Knowledge Levels of Medical Practitioners and Students. Stem cells international, 2021, 6667743. https://doi.org/10.1155/2021/6667743 [27] Luo, D., Xu, Z., Wang, Z., & Ran, W. (2021). China's Stem Cell Research and Knowledge Levels of Medical Practitioners and Students. Stem cells international, 2021, 6667743. https://doi.org/10.1155/2021/6667743 [28] Zhang, J. Y. (2017). Lost in translation? accountability and governance of Clinical Stem Cell Research in China. Regenerative Medicine, 12(6), 647–656. https://doi.org/10.2217/rme-2017-0035 [29] Wang, L., Wang, F., & Zhang, W. (2021). Bioethics in China’s biosecurity law: Forms, effects, and unsettled issues. Journal of law and the biosciences, 8(1). https://doi.org/10.1093/jlb/lsab019 https://academic.oup.com/jlb/article/8/1/lsab019/6299199 [30] Chen, H., Wei, T., Wang, H. et al. Association of China’s two-child policy with changes in number of births and birth defects rate, 2008–2017. BMC Public Health 22, 434 (2022). https://doi.org/10.1186/s12889-022-12839-0 [31] Azuma, K. Regulatory Landscape of Regenerative Medicine in Japan. Curr Stem Cell Rep 1, 118–128 (2015). https://doi.org/10.1007/s40778-015-0012-6 [32] Harris, R. (2005, May 19). Researchers Report Advance in Stem Cell Production. NPR. https://www.npr.org/2005/05/19/4658967/researchers-report-advance-in-stem-cell-production [33] Park, S. (2012). South Korea steps up stem-cell work. Nature. https://doi.org/10.1038/nature.2012.10565 [34] Resnik, D. B., Shamoo, A. E., & Krimsky, S. (2006). Fraudulent human embryonic stem cell research in South Korea: lessons learned. Accountability in research, 13(1), 101–109. https://doi.org/10.1080/08989620600634193. [35] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 [36]Association for the Advancement of Blood and Biotherapies. https://www.aabb.org/regulatory-and-advocacy/regulatory-affairs/regulatory-for-cellular-therapies/international-competent-authorities/saudi-arabia [37] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: Interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 [38] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: Interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 Culturally, autonomy practices follow a relational autonomy approach based on a paternalistic deontological health care model. The adherence to strict international research policies and religious pillars within the regulatory environment is a great foundation for research ethics. However, there is a need to develop locally targeted ethics approaches for research (as called for in Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6), this decision-making approach may help advise a research decision model. For more on the clinical cultural autonomy approaches, see: Alabdullah, Y. Y., Alzaid, E., Alsaad, S., Alamri, T., Alolayan, S. W., Bah, S., & Aljoudi, A. S. (2022). Autonomy and paternalism in Shared decision‐making in a Saudi Arabian tertiary hospital: A cross‐sectional study. Developing World Bioethics, 23(3), 260–268. https://doi.org/10.1111/dewb.12355; Bukhari, A. A. (2017). Universal Principles of Bioethics and Patient Rights in Saudi Arabia (Doctoral dissertation, Duquesne University). https://dsc.duq.edu/etd/124; Ladha, S., Nakshawani, S. A., Alzaidy, A., & Tarab, B. (2023, October 26). Islam and Bioethics: What We All Need to Know. Columbia University School of Professional Studies. https://sps.columbia.edu/events/islam-and-bioethics-what-we-all-need-know [39] Ababneh, M. A., Al-Azzam, S. I., Alzoubi, K., Rababa’h, A., & Al Demour, S. (2021). Understanding and attitudes of the Jordanian public about clinical research ethics. Research Ethics, 17(2), 228-241. https://doi.org/10.1177/1747016120966779 [40] Ababneh, M. A., Al-Azzam, S. I., Alzoubi, K., Rababa’h, A., & Al Demour, S. (2021). Understanding and attitudes of the Jordanian public about clinical research ethics. Research Ethics, 17(2), 228-241. https://doi.org/10.1177/1747016120966779 [41] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [42] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [43] The EU’s definition of autonomy relates to the capacity for creating ideas, moral insight, decisions, and actions without constraint, personal responsibility, and informed consent. However, the EU views autonomy as not completely able to protect individuals and depends on other principles, such as dignity, which “expresses the intrinsic worth and fundamental equality of all human beings.” Rendtorff, J.D., Kemp, P. (2019). Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability. In: Valdés, E., Lecaros, J. (eds) Biolaw and Policy in the Twenty-First Century. International Library of Ethics, Law, and the New Medicine, vol 78. Springer, Cham. https://doi.org/10.1007/978-3-030-05903-3_3 [44] Council of Europe. Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (ETS No. 164) https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=164 (forbidding the creation of embryos for research purposes only, and suggests embryos in vitro have protections.); Also see Drabiak-Syed B. K. (2013). New President, New Human Embryonic Stem Cell Research Policy: Comparative International Perspectives and Embryonic Stem Cell Research Laws in France. Biotechnology Law Report, 32(6), 349–356. https://doi.org/10.1089/blr.2013.9865 [45] Rendtorff, J.D., Kemp, P. (2019). Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability. In: Valdés, E., Lecaros, J. (eds) Biolaw and Policy in the Twenty-First Century. International Library of Ethics, Law, and the New Medicine, vol 78. Springer, Cham. https://doi.org/10.1007/978-3-030-05903-3_3 [46] Tomuschat, C., Currie, D. P., Kommers, D. P., & Kerr, R. (Trans.). (1949, May 23). Basic law for the Federal Republic of Germany. https://www.btg-bestellservice.de/pdf/80201000.pdf [47] Regulation of Stem Cell Research in Germany. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-germany [48] Regulation of Stem Cell Research in Finland. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-finland [49] Regulation of Stem Cell Research in Spain. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-spain [50] Some sources to consider regarding ethics models or regulatory oversights of other cultures not covered: Kara MA. Applicability of the principle of respect for autonomy: the perspective of Turkey. J Med Ethics. 2007 Nov;33(11):627-30. doi: 10.1136/jme.2006.017400. PMID: 17971462; PMCID: PMC2598110. Ugarte, O. N., & Acioly, M. A. (2014). The principle of autonomy in Brazil: one needs to discuss it ... Revista do Colegio Brasileiro de Cirurgioes, 41(5), 374–377. https://doi.org/10.1590/0100-69912014005013 Bharadwaj, A., & Glasner, P. E. (2012). Local cells, global science: The rise of embryonic stem cell research in India. Routledge. For further research on specific European countries regarding ethical and regulatory framework, we recommend this database: Regulation of Stem Cell Research in Europe. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-europe [51] Klitzman, R. (2006). Complications of culture in obtaining informed consent. The American Journal of Bioethics, 6(1), 20–21. https://doi.org/10.1080/15265160500394671 see also: Ekmekci, P. E., & Arda, B. (2017). Interculturalism and Informed Consent: Respecting Cultural Differences without Breaching Human Rights. Cultura (Iasi, Romania), 14(2), 159–172.; For why trust is important in research, see also: Gray, B., Hilder, J., Macdonald, L., Tester, R., Dowell, A., & Stubbe, M. (2017). Are research ethics guidelines culturally competent? Research Ethics, 13(1), 23-41. https://doi.org/10.1177/1747016116650235 [52] The Qur'an (M. Khattab, Trans.). (1965). Al-Mu’minun, 23: 12-14. https://quran.com/23 [53] Lenfest, Y. (2017, December 8). Islam and the beginning of human life. Bill of Health. https://blog.petrieflom.law.harvard.edu/2017/12/08/islam-and-the-beginning-of-human-life/ [54] Aksoy, S. (2005). Making regulations and drawing up legislation in Islamic countries under conditions of uncertainty, with special reference to embryonic stem cell research. Journal of Medical Ethics, 31:399-403.; see also: Mahmoud, Azza. "Islamic Bioethics: National Regulations and Guidelines of Human Stem Cell Research in the Muslim World." Master's thesis, Chapman University, 2022. https://doi.org/10.36837/ chapman.000386 [55] Rashid, R. (2022). When does Ensoulment occur in the Human Foetus. Journal of the British Islamic Medical Association, 12(4). ISSN 2634 8071. https://www.jbima.com/wp-content/uploads/2023/01/2-Ethics-3_-Ensoulment_Rafaqat.pdf. [56] Sivaraman, M. & Noor, S. (2017). Ethics of embryonic stem cell research according to Buddhist, Hindu, Catholic, and Islamic religions: perspective from Malaysia. Asian Biomedicine,8(1) 43-52. https://doi.org/10.5372/1905-7415.0801.260 [57] Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [58] Lecso, P. A. (1991). The Bodhisattva Ideal and Organ Transplantation. Journal of Religion and Health, 30(1), 35–41. http://www.jstor.org/stable/27510629; Bodhisattva, S. (n.d.). The Key of Becoming a Bodhisattva. A Guide to the Bodhisattva Way of Life. http://www.buddhism.org/Sutras/2/BodhisattvaWay.htm [59] There is no explicit religious reference to when life begins or how to conduct research that interacts with the concept of life. However, these are relevant verses pertaining to how the fetus is viewed. ((King James Bible. (1999). Oxford University Press. (original work published 1769)) Jerimiah 1: 5 “Before I formed thee in the belly I knew thee; and before thou camest forth out of the womb I sanctified thee…” In prophet Jerimiah’s insight, God set him apart as a person known before childbirth, a theme carried within the Psalm of David. Psalm 139: 13-14 “…Thou hast covered me in my mother's womb. I will praise thee; for I am fearfully and wonderfully made…” These verses demonstrate David’s respect for God as an entity that would know of all man’s thoughts and doings even before birth. [60] It should be noted that abortion is not supported as well. [61] The Vatican. (1987, February 22). Instruction on Respect for Human Life in Its Origin and on the Dignity of Procreation Replies to Certain Questions of the Day. Congregation For the Doctrine of the Faith. https://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19870222_respect-for-human-life_en.html [62] The Vatican. (2000, August 25). Declaration On the Production and the Scientific and Therapeutic Use of Human Embryonic Stem Cells. Pontifical Academy for Life. https://www.vatican.va/roman_curia/pontifical_academies/acdlife/documents/rc_pa_acdlife_doc_20000824_cellule-staminali_en.html; Ohara, N. (2003). Ethical Consideration of Experimentation Using Living Human Embryos: The Catholic Church’s Position on Human Embryonic Stem Cell Research and Human Cloning. Department of Obstetrics and Gynecology. Retrieved from https://article.imrpress.com/journal/CEOG/30/2-3/pii/2003018/77-81.pdf. [63] Smith, G. A. (2022, May 23). Like Americans overall, Catholics vary in their abortion views, with regular mass attenders most opposed. Pew Research Center. https://www.pewresearch.org/short-reads/2022/05/23/like-americans-overall-catholics-vary-in-their-abortion-views-with-regular-mass-attenders-most-opposed/ [64] Rosner, F., & Reichman, E. (2002). Embryonic stem cell research in Jewish law. Journal of halacha and contemporary society, (43), 49–68.; Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [65] Schenker J. G. (2008). The beginning of human life: status of embryo. Perspectives in Halakha (Jewish Religious Law). Journal of assisted reproduction and genetics, 25(6), 271–276. https://doi.org/10.1007/s10815-008-9221-6 [66] Ruttenberg, D. (2020, May 5). The Torah of Abortion Justice (annotated source sheet). Sefaria. https://www.sefaria.org/sheets/234926.7?lang=bi&with=all&lang2=en [67] Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [68] Gert, B. (2007). Common morality: Deciding what to do. Oxford Univ. Press. [69] World Medical Association (2013). World Medical Association Declaration of Helsinki: ethical principles for medical research involving human subjects. JAMA, 310(20), 2191–2194. https://doi.org/10.1001/jama.2013.281053 Declaration of Helsinki – WMA – The World Medical Association.; see also: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. (1979). The Belmont report: Ethical principles and guidelines for the protection of human subjects of research. U.S. Department of Health and Human Services. https://www.hhs.gov/ohrp/regulations-and-policy/belmont-report/read-the-belmont-report/index.html [70] Zakarin Safier, L., Gumer, A., Kline, M., Egli, D., & Sauer, M. V. (2018). Compensating human subjects providing oocytes for stem cell research: 9-year experience and outcomes. Journal of assisted reproduction and genetics, 35(7), 1219–1225. https://doi.org/10.1007/s10815-018-1171-z https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6063839/ see also: Riordan, N. H., & Paz Rodríguez, J. (2021). Addressing concerns regarding associated costs, transparency, and integrity of research in recent stem cell trial. Stem Cells Translational Medicine, 10(12), 1715–1716. https://doi.org/10.1002/sctm.21-0234 [71] Klitzman, R., & Sauer, M. V. (2009). Payment of egg donors in stem cell research in the USA. Reproductive biomedicine online, 18(5), 603–608. https://doi.org/10.1016/s1472-6483(10)60002-8 [72] Krosin, M. T., Klitzman, R., Levin, B., Cheng, J., & Ranney, M. L. (2006). Problems in comprehension of informed consent in rural and peri-urban Mali, West Africa. Clinical trials (London, England), 3(3), 306–313. https://doi.org/10.1191/1740774506cn150oa [73] Veatch, Robert M. Hippocratic, Religious, and Secular Medical Ethics: The Points of Conflict. Georgetown University Press, 2012. [74] Msoroka, M. S., & Amundsen, D. (2018). One size fits not quite all: Universal research ethics with diversity. Research Ethics, 14(3), 1-17. https://doi.org/10.1177/1747016117739939 [75] Pirzada, N. (2022). The Expansion of Turkey’s Medical Tourism Industry. Voices in Bioethics, 8. https://doi.org/10.52214/vib.v8i.9894 [76] Stem Cell Tourism: False Hope for Real Money. Harvard Stem Cell Institute (HSCI). (2023). https://hsci.harvard.edu/stem-cell-tourism, See also: Bissassar, M. (2017). Transnational Stem Cell Tourism: An ethical analysis. Voices in Bioethics, 3. https://doi.org/10.7916/vib.v3i.6027 [77]Song, P. (2011) The proliferation of stem cell therapies in post-Mao China: problematizing ethical regulation, New Genetics and Society, 30:2, 141-153, DOI: 10.1080/14636778.2011.574375 [78] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [79] International Society for Stem Cell Research. (2024). Standards in stem cell research. International Society for Stem Cell Research. https://www.isscr.org/guidelines/5-standards-in-stem-cell-research [80] Benjamin, R. (2013). People’s science bodies and rights on the Stem Cell Frontier. Stanford University Press.

In its preamble, The Western Australian Charter of Multiculturalism (WA) commits the state to becoming: “A society in which respect for mutual difference is accompanied by equality of opportunity within a framework of democratic citizenship”. One of the principles of multiculturalism, as enunciated in the Charter, is “equality of opportunity for all members of society to achieve their full potential in a free and democratic society where every individual is equal before and under the law”. An important element of this principle is the “equality of opportunity … to achieve … full potential”. The implication here is that those who start from a position of disadvantage when it comes to achieving that potential deserve more than ‘equal’ treatment. Implicitly, equality can be achieved only through the recognition of and response to differential needs and according to the likelihood of achieving full potential. This is encapsulated in Kymlicka’s argument that neutrality is “hopelessly inadequate once we look at the diversity of cultural membership which exists in contemporary liberal democracies” (903). Yet such a potential commitment to differential support might seem unequal to some, where equality is constructed as the same or equal treatment regardless of differing circumstances. Until the past half-century or more, this problematic has been a hotly-contested element of the struggle for Civil Rights for African-Americans in the United States, especially as these rights related to educational opportunity during the years of racial segregation. For some, providing resources to achieve equal outcomes (rather than be committed to equal inputs) may appear to undermine the very ethos of liberal democracy. In Australia, this perspective has been the central argument of Pauline Hanson and her supporters who denounce programs designed as measures to achieve equality for specific disadvantaged groups; including Indigenous Australians and humanitarian refugees. Nevertheless, equality for all on all grounds of legally-accepted difference: gender, race, age, family status, sexual orientation, political conviction, to name a few; is often held as the hallmark of progressive liberal societies such as Australia. In the matter of religious freedoms the situation seems much less complex. All that is required for religious equality, it seems, is to define religion as a private matter – carried out, as it were, between consenting parties away from the public sphere. This necessitates, effectively, the separation of state and religion. This separation of religious belief from the apparatus of the state is referred to as ‘secularism’ and it tends to be regarded as a cornerstone of a liberal democracy, given the general assumption that secularism is a necessary precursor to equal treatment of and respect for different religious beliefs, and the association of secularism with the Western project of the Enlightenment when liberty, equality and science replaced religion and superstition. By this token, western nations committed to equality are also committed to being liberal, democratic and secular in nature; and it is a matter of state indifference as to which religious faith a citizen embraces – Wiccan, Christian, Judaism, etc – if any. Historically, and arguably more so in the past decade, the terms ‘democratic’, ‘secular’, ‘liberal’ and ‘equal’ have all been used to inscribe characteristics of the collective ‘West’. Individuals and states whom the West ascribe as ‘other’ are therefore either or all of: not democratic; not liberal; or not secular – and failing any one of these characteristics (for any country other than Britain, with its parliamentary-established Church of England, headed by the Queen as Supreme Governor) means that that country certainly does not espouse equality. The West and the ‘Other’ in Popular Discourse The constructed polarisation between the free, secular and democratic West that values equality; and the oppressive ‘other’ that perpetuates theocracies, religious discrimination and – at the ultimate – human rights abuses, is a common theme in much of the West’s media and popular discourse on Islam. The same themes are also applied in some measure to Muslims in Australia, in particular to constructions of the rights of Muslim women in Australia. Typically, Muslim women’s dress is deemed by some secular Australians to be a symbol of religious subjugation, rather than of free choice. Arguably, this polemic has come to the fore since the terrorist attacks on the United States in September 2001. However, as Aly and Walker note, the comparisons between the West and the ‘other’ are historically constructed and inherited (Said) and have tended latterly to focus western attention on the role and status of Muslim women as evidence of the West’s progression comparative to its antithesis, Eastern oppression. An examination of studies of the United States media coverage of the September 11 attacks, and the ensuing ‘war on terror’, reveals some common media constructions around good versus evil. There is no equal status between these. Good must necessarily triumph. In the media coverage, the evil ‘other’ is Islamic terrorism, personified by Osama bin Laden. Part of the justification for the war on terror is a perception that the West, as a force for good in this world, must battle evil and protect freedom and democracy (Erjavec and Volcic): to do otherwise is to allow the terror of the ‘other’ to seep into western lives. The war on terror becomes the defence of the west, and hence the defence of equality and freedom. A commitment to equality entails a defeat of all things constructed as denying the rights of people to be equal. Hutcheson, Domke, Billeaudeaux and Garland analysed the range of discourses evident in Time and Newsweek magazines in the five weeks following September 11 and found that journalists replicated themes of national identity present in the communication strategies of US leaders and elites. The political and media response to the threat of the evil ‘other’ is to create a monolithic appeal to liberal values which are constructed as being a monopoly of the ‘free’ West. A brief look at just a few instances of public communication by US political leaders confirms Hutcheson et al.’s contention that the official construction of the 2001 attacks invoked discourses of good and evil reminiscent of the Cold War. In reference to the actions of the four teams of plane hijackers, US president George W Bush opened his Address to the Nation on the evening of September 11: “Today, our fellow citizens, our way of life, our very freedom came under attack in a series of deliberate and deadly terrorist acts” (“Statement by the President in His Address to the Nation”). After enjoining Americans to recite Psalm 23 in prayer for the victims and their families, President Bush ended his address with a clear message of national unity and a further reference to the battle between good and evil: “This is a day when all Americans from every walk of life unite in our resolve for justice and peace. America has stood down enemies before, and we will do so this time. None of us will ever forget this day. Yet, we go forward to defend freedom and all that is good and just in our world” (“Statement by the President in His Address to the Nation”). In his address to the joint houses of Congress shortly after September 11, President Bush implicated not just the United States in this fight against evil, but the entire international community stating: “This is the world’s fight. This is civilisation’s fight” (cited by Brown 295). Addressing the California Business Association a month later, in October 2001, Bush reiterated the notion of the United States as the leading nation in the moral fight against evil, and identified this as a possible reason for the attack: “This great state is known for its diversity – people of all races, all religions, and all nationalities. They’ve come here to live a better life, to find freedom, to live in peace and security, with tolerance and with justice. When the terrorists attacked America, this is what they attacked”. While the US media framed the events of September 11 as an attack on the values of democracy and liberalism as these are embodied in US democratic traditions, work by scholars analysing the Australian media’s representation of the attacks suggested that this perspective was echoed and internationalised for an Australian audience. Green asserts that global media coverage of the attacks positioned the global audience, including Australians, as ‘American’. The localisation of the discourses of patriotism and national identity for Australian audiences has mainly been attributed to the media’s use of the good versus evil frame that constructed the West as good, virtuous and moral and invited Australian audiences to subscribe to this argument as members of a shared Western democratic identity (Osuri and Banerjee). Further, where the ‘we’ are defenders of justice, equality and the rule of law; the opposing ‘others’ are necessarily barbaric. Secularism and the Muslim Diaspora Secularism is a historically laden term that has been harnessed to symbolise the emancipation of social life from the forced imposition of religious doctrine. The struggle between the essentially voluntary and private demands of religion, and the enjoyment of a public social life distinct from religious obligations, is historically entrenched in the cultural identities of many modern Western societies (Dallmayr). The concept of religious freedom in the West has evolved into a principle based on the bifurcation of life into the objective public sphere and the subjective private sphere within which individuals are free to practice their religion of choice (Yousif), or no religion at all. Secularism, then, is contingent on the maintenance of a separation between the public (religion-free) and the private or non- public (which may include religion). The debate regarding the feasibility or lack thereof of maintaining this separation has been a matter of concern for democratic theorists for some time, and has been made somewhat more complicated with the growing presence of religious diasporas in liberal democratic states (Charney). In fact, secularism is often cited as a precondition for the existence of religious pluralism. By removing religion from the public domain of the state, religious freedom, in so far as it constitutes the ability of an individual to freely choose which religion, if any, to practice, is deemed to be ensured. However, as Yousif notes, the Western conception of religious freedom is based on a narrow notion of religion as a personal matter, possibly a private emotional response to the idea of God, separate from the rational aspects of life which reside in the public domain. Arguably, religion is conceived of as recognising (or creating) a supernatural dimension to life that involves faith and belief, and the suspension of rational thought. This Western notion of religion as separate from the state, dividing the private from the public sphere, is constructed as a necessary basis for the liberal democratic commitment to secularism, and the notional equality of all religions, or none. Rawls questioned how people with conflicting political views and ideologies can freely endorse a common political regime in secular nations. The answer, he posits, lies in the conception of justice as a mechanism to regulate society independently of plural (and often opposing) religious or political conceptions. Thus, secularism can be constructed as an indicator of pluralism and justice; and political reason becomes the “common currency of debate in a pluralist society” (Charney 7). A corollary of this is that religious minorities must learn to use the language of political reason to represent and articulate their views and opinions in the public context, especially when talking with non-religious others. This imposes a need for religious minorities to support their views and opinions with political reason that appeals to the community at large as citizens, and not just to members of the minority religion concerned. The common ground becomes one of secularism, in which all speakers are deemed to be indifferent as to the (private) claims of religion upon believers. Minority religious groups, such as fundamentalist Mormons, invoke secular language of moral tolerance and civil rights to be acknowledged by the state, and to carry out their door-to-door ‘information’ evangelisation/campaigns. Right wing fundamentalist Christian groups and Catholics opposed to abortion couch their views in terms of an extension of the secular right to life, and in terms of the human rights and civil liberties of the yet-to-be-born. In doing this, these religious groups express an acceptance of the plurality of the liberal state and engage in debates in the public sphere through the language of political values and political principles of the liberal democratic state. The same principles do not apply within their own associations and communities where the language of the private religious realm prevails, and indeed is expected. This embracing of a political rhetoric for discussions of religion in the public sphere presents a dilemma for the Muslim diaspora in liberal democratic states. For many Muslims, religion is a complete way of life, incapable of compartmentalisation. The narrow Western concept of religious expression as a private matter is somewhat alien to Muslims who are either unable or unwilling to separate their religious needs from their needs as citizens of the nation state. Problems become apparent when religious needs challenge what seems to be publicly acceptable, and conflicts occur between what the state perceives to be matters of rational state interest and what Muslims perceive to be matters of religious identity. Muslim women’s groups in Western Australia for example have for some years discussed the desirability of a Sharia divorce court which would enable Muslims to obtain divorces according to Islamic law. It should be noted here that not all Muslims agree with the need for such a court and many – probably a majority – are satisfied with the existing processes that allow Muslim men and women to obtain a divorce through the Australian family court. For some Muslims however, this secular process does not satisfy their religious needs and it is perceived as having an adverse impact on their ability to adhere to their faith. A similar situation pertains to divorced Catholics who, according to a strict interpretation of their doctrine, are unable to take the Eucharist if they form a subsequent relationship (even if married according to the state), unless their prior marriage has been annulled by the Catholic Church or their previous partner has died. Whereas divorce is considered by the state as a public and legal concern, for some Muslims and others it is undeniably a religious matter. The suggestion by the Anglican Communion’s Archbishop of Canterbury, Dr Rowan Williams, that the adoption of certain aspects of Sharia law regarding marital disputes or financial matters is ultimately unavoidable, sparked controversy in Britain and in Australia. Attempts by some Australian Muslim scholars to elaborate on Dr Williams’s suggestions, such as an article by Anisa Buckley in The Herald Sun (Buckley), drew responses that, typically, called for Muslims to ‘go home’. A common theme in these responses is that proponents of Sharia law (and Islam in general) do not share a commitment to the Australian values of freedom and equality. The following excerpts from the online pages of Herald Sun Readers’ Comments (Herald Sun) demonstrate this perception: “These people come to Australia for freedoms they have never experienced before and to escape repression which is generally brought about by such ‘laws’ as Sharia! How very dare they even think that this would be an option. Go home if you want such a regime. Such an insult to want to come over to this country on our very goodwill and our humanity and want to change our systems and ways. Simply, No!” Posted 1:58am February 12, 2008 “Under our English derived common law statutes, the law is supposed to protect an individual’s rights to life, liberty and property. That is the basis of democracy in Australia and most other western nations. Sharia law does not adequately share these philosophies and principles, thus it is incompatible with our system of law.” Posted 12:55am February 11, 2008 “Incorporating religious laws in the secular legal system is just plain wrong. No fundamentalist religion (Islam in particular) is compatible with a liberal-democracy.” Posted 2:23pm February 10, 2008 “It should not be allowed in Australia the Muslims come her for a better life and we give them that opportunity but they still believe in covering them selfs why do they even come to Australia for when they don’t follow owe [our] rules but if we went to there [their] country we have to cover owe selfs [sic]” Posted 11:28am February 10, 2008 Conflicts similar to this one – over any overt or non-private religious practice in Australia – may also be observed in public debates concerning the wearing of traditional Islamic dress; the slaughter of animals for consumption; Islamic burial rites, and other religious practices which cannot be confined to the private realm. Such conflicts highlight the inability of the rational liberal approach to solve all controversies arising from religious traditions that enjoin a broader world view than merely private spirituality. In order to adhere to the liberal reduction of religion to the private sphere, Muslims in the West must negotiate some religious practices that are constructed as being at odds with the rational state and practice a form of Islam that is consistent with secularism. At the extreme, this Western-acceptable form is what the Australian government has termed ‘moderate Islam’. The implication here is that, for the state, ‘non-moderate Islam’ – Islam that pervades the public realm – is just a descriptor away from ‘extreme’. The divide between Christianity and Islam has been historically played out in European Christendom as a refusal to recognise Islam as a world religion, preferring instead to classify it according to race or ethnicity: a Moorish tendency, perhaps. The secular state prefers to engage with Muslims as an ethnic, linguistic or cultural group or groups (Yousif). Thus, in order to engage with the state as political citizens, Muslims must find ways to present their needs that meet the expectations of the state – ways that do not use their religious identity as a frame of reference. They can do this by utilizing the language of political reason in the public domain or by framing their needs, views and opinions exclusively in terms of their ethnic or cultural identity with no reference to their shared faith. Neither option is ideal, or indeed even viable. This is partly because many Muslims find it difficult if not impossible to separate their religious needs from their needs as political citizens; and also because the prevailing perception of Muslims in the media and public arena is constructed on the basis of an understanding of Islam as a religion that conflicts with the values of liberal democracy. In the media and public arena, little consideration is given to the vast differences that exist among Muslims in Australia, not only in terms of ethnicity and culture, but also in terms of practice and doctrine (Shia or Sunni). The dominant construction of Muslims in the Australian popular media is of religious purists committed to annihilating liberal, secular governments and replacing them with anti-modernist theocratic regimes (Brasted). It becomes a talking point for some, for example, to realise that there are international campaigns to recognise Gay Muslims’ rights within their faith (ABC) (in the same way that there are campaigns to recognise Gay Christians as full members of their churches and denominations and equally able to hold high office, as followers of the Anglican Communion will appreciate). Secularism, Preference and Equality Modood asserts that the extent to which a minority religious community can fully participate in the public and political life of the secular nation state is contingent on the extent to which religion is the primary marker of identity. “It may well be the case therefore that if a faith is the primary identity of any community then that community cannot fully identify with and participate in a polity to the extent that it privileges a rival faith. Or privileges secularism” (60). Modood is not saying here that Islam has to be privileged in order for Muslims to participate fully in the polity; but that no other religion, nor secularism, should be so privileged. None should be first, or last, among equals. For such a situation to occur, Islam would have to be equally acceptable both with other religions and with secularism. Following a 2006 address by the former treasurer (and self-avowed Christian) Peter Costello to the Sydney Institute, in which Costello suggested that people who feel a dual claim from both Islamic law and Australian law should be stripped of their citizenship (Costello), the former Prime Minister, John Howard, affirmed what he considers to be Australia’s primary identity when he stated that ‘Australia’s core set of values flowed from its Anglo Saxon identity’ and that any one who did not embrace those values should not be allowed into the country (Humphries). The (then) Prime Minister’s statement is an unequivocal assertion of the privileged position of the Anglo Saxon tradition in Australia, a tradition with which many Muslims and others in Australia find it difficult to identify. Conclusion Religious identity is increasingly becoming the identity of choice for Muslims in Australia, partly because it is perceived that their faith is under attack and that it needs defending (Aly). They construct the defence of their faith as a choice and an obligation; but also as a right that they have under Australian law as equal citizens in a secular state (Aly and Green). Australian Muslims who have no difficulty in reconciling their core Australianness with their deep faith take it as a responsibility to live their lives in ways that model the reconciliation of each identity – civil and religious – with the other. In this respect, the political call to Australian Muslims to embrace a ‘moderate Islam’, where this is seen as an Islam without a public or political dimension, is constructed as treating their faith as less than equal. Religious identity is generally deemed to have no place in the liberal democratic model, particularly where that religion is constructed to be at odds with the principles and values of liberal democracy, namely tolerance and adherence to the rule of law. Indeed, it is as if the national commitment to secularism rules as out-of-bounds any identity that is grounded in religion, giving precedence instead to accepting and negotiating cultural and ethnic differences. Religion becomes a taboo topic in these terms, an affront against secularism and the values of the Enlightenment that include liberty and equality. In these circumstances, it is not the case that all religions are equally ignored in a secular framework. What is the case is that the secular framework has been constructed as a way of ‘privatising’ one religion, Christianity; leaving others – including Islam – as having nowhere to go. Islam thus becomes constructed as less than equal since it appears that, unlike Christians, Muslims are not willing to play the secular game. In fact, Muslims are puzzling over how they can play the secular game, and why they should play the secular game, given that – as is the case with Christians – they see no contradiction in performing ‘good Muslim’ and ‘good Australian’, if given an equal chance to embrace both. Acknowledgements This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. 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Bush’s Discourse.” Discourse and Society 18 (2007): 123- 37.Green, Lelia. “Did the World Really Change on 9/11?” Australian Journal of Communication 29.2 (2002): 1-14.Herald Sun. “Readers’ Comments: Should We Allow Sharia Law?” Herald Sun Online Feb. 2008. 8 March 2008. < http://www.news.com.au/heraldsun/comments/0,22023,23186973-5000117,00.html >.Humphries, David. “Live Here, Be Australian.” The Sydney Morning Herald 25 Feb. 2006, 1 ed.Hutcheson, John S., David Domke, Andre Billeaudeaux, and Philip Garland. “U.S. National Identity, Political Elites, and Patriotic Press Following September 11.” Political Communication 21.1 (2004): 27-50.Kymlicka, Will. “Liberal Individualism and Liberal Neutrality.” Ethics 99.4 (1989): 883-905.Modood, Tariq. “Establishment, Multiculturalism and British Citizenship.” The Political Quarterly (1994): 53-74.Osuri, Goldie, and Subhabrata B. Banerjee. “White Diasporas: Media Representations of September 11 and the Unbearable Whiteness of Being in Australia.” Social Semiotics 14.2 (2004): 151- 71.Rawls, John. A Theory of Justice. Cambridge: Harvard UP, 1971.Said, Edward. Orientalism. New York: Vintage Books 1978.Western Australian Charter of Multiculturalism. WA: Government of Western Australia, Nov. 2004. 11 March 2008 < http://www.equalopportunity.wa.gov.au/pdf/wa_charter_multiculturalism.pdf >.Yousif, Ahmad. “Islam, Minorities and Religious Freedom: A Challenge to Modern Theory of Pluralism.” Journal of Muslim Minority Affairs 20.1 (2000): 30-43.

Photo by Jo-Anne McArthur on Unsplash ABSTRACT The UK-based campaign group Scrap Factory Farming has launched a legal challenge against industrial animal agriculture; the challenge is in the process of judicial review. While a fringe movement, Scrap Factory Farming has already accrued some serious backers, including the legal team of Michael Mansfield QC. The premise is that factory farming is a danger not just to animals or the environment but also to human health. According to its stated goals, governments should be given until 2025 to phase out industrialized “concentrated animal feeding organizations” (CAFOs) in favor of more sustainable and safer agriculture. This paper will discuss the bioethical issues involved in Scrap Factory Farming’s legal challenge and argue that an overhaul of factory farming is long overdue. INTRODUCTION A CAFO is a subset of animal feeding operations that has a highly concentrated animal population. CAFOs house at least 1000 beef cows, 2500 pigs, or 125,000 chickens for at least 45 days a year. The animals are often confined in pens or cages to use minimal energy, allowing them to put on as much weight as possible in as short a time. The animals are killed early relative to their total lifespans because the return on investment (the amount of meat produced compared to animal feed) is a curve of diminishing returns. CAFOs’ primary goal is efficiency: fifty billion animals are “processed” in CAFOs every year. The bioethical questions raised by CAFOs include whether it is acceptable to kill the animals, and if so, under what circumstances, whether the animals have rights, and what animal welfare standards should apply. While there are laws and standards in place, they tend to reflect the farm lobby and fail to consider broader animal ethics. Another critical issue applicable to industrial animal agriculture is the problem of the just distribution of scarce resources. There is a finite amount of food that the world can produce, which is, for the moment, approximately enough to go around.[1] The issue is how it goes around. Despite there being enough calories and nutrients on the planet to give all a comfortable life, these calories and nutrients are distributed such that there is excess and waste in much of the global North and rampant starvation and malnutrition in the global South. The problem of distribution can be solved in two ways: either by efficient and just distribution or by increasing net production (either increase productivity or decrease waste) so that even an inefficient and unjust distribution system will probably meet the minimum nutritional standards for all humans. This essay explores four bioethical fields (animal ethics, climate ethics, workers’ rights, and just distribution) as they relate to current industrial agriculture and CAFOs. l. Animal Ethics Two central paradigms characterize animal ethics: welfarism and animal rights. These roughly correspond to the classical frameworks of utilitarianism and deontology. Welfarists[2] hold the common-sense position that animals must be treated well and respected as individuals but do not have inalienable rights in the same ways as humans. A typical welfare position might be, “I believe that animals should be given the best life possible, but there is no inherent evil in using animals for food, so long as they are handled and killed humanely.” Animal rights theorists and activists, on the other hand, would say, “I believe non-human animals should be given the best lives possible, but we should also respect certain rights of theirs analogous to human rights: they should never be killed for food, experimented upon, etc.” Jeremy Bentham famously gave an early exposition of the animal rights case: “The question is not Can they reason?, nor Can they talk?, but Can they suffer? Why should the law refuse its protection to any sensitive being?” Those who take an animal welfare stance have grounds to oppose the treatment of animals in CAFOs as opposed to more traditional grass-fed animal agriculture. CAFOs cannot respect the natural behaviors or needs of animals who evolved socially for millions of years in open plains. If more space was allowed per animal or more time for socialization and other positive experiences in the animal’s life, the yield of the farm would drop. This is not commercially viable in a competitive industry like animal agriculture; thus, there is very little incentive for CAFOs to treat animals well. Rampant abuse is documented.[3] Acts of cruelty are routine: pigs often have teeth pulled and tails docked because they often go mad in their conditions and attempt to cannibalize each other; chickens have their beaks clipped to avoid them pecking at each other, causing immense pain; cows and bulls have their horns burned off to avoid them damaging others (as this damages the final meat product, too); male chicks that hatch in the egg industry are ground up in a macerator, un-anaesthetized, in the first 24 hours of their life as they will not go on to lay eggs. These practices vary widely among factory farms and among jurisdictions. Yet, arguably, the welfare of animals cannot be properly respected because all CAFOs fundamentally see animals as mere products-in-the-making instead of the complex, sentient, and emotional individuals science has repeatedly shown them to be.[4] ll. Climate Ethics The climate impact of farming animals is increasingly evident. Around 15-20 percent of human-made emissions come from animal agriculture.[5] and deforestation to create space for livestock grazing or growing crops to feed farm animals. An average quarter-pound hamburger uses up to six kilograms of feed, causes 66 square feet of deforestation, and uses up to 65 liters of water, with around 4kg of carbon emissions to boot – a majority of which come from the cattle themselves (as opposed to food processing or food miles).[6] According to environmentalist George Monbiot, “Even if you shipped bananas six times around the planet, their impact would be lower than local beef and lamb.”[7] The disparity between the impact of animal and plant-based produce is stark. Not all animal products are created equally. Broadly, there are two ways to farm animals: extensive or intensive farming. Extensive animal farming might be considered a “traditional” way of farming: keeping animals in large fields, as naturally as possible, often rotating them between different areas to not overgraze any one pasture. However, its efficiency is much lower than intensive farming – the style CAFOs use. Intensive animal farming is arguably more environmentally efficient. That is, CAFOs produce more output per unit of natural resource input than extensive systems do. However, environmental efficiency is relative rather than absolute, as the level of intensive animal agriculture leads to large-scale deforestation to produce crops for factory-farmed animals. CAFOs are also point-sources of pollution from the massive quantities of animal waste produced – around 1,000,000 tons per day in the US alone, triple the amount of all human waste produced per day – which has significant negative impacts on human health in the surrounding areas.[8] The environmental impacts of CAFOs must be given serious ethical consideration using new frameworks in climate ethics and bioethics. One example of a land ethic to guide thinking in this area is that “[it] is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise.”[9] It remains to be seen whether CAFOs can operate in a way that respects and preserves “integrity, stability, and beauty” of their local ecosystem, given the facts above. The pollution CAFOs emit affects the surrounding areas. Hog CAFOs are built disproportionately around predominantly minority communities in North Carolina where poverty rates are high.[10] Animal waste carries heavy metals, infectious diseases, and antibiotic-resistant pathogens into nearby water sources and houses. lll. Workers’ Rights The poor treatment of slaughterhouse workers has been documented in the US during the COVID-19 pandemic, where, despite outbreaks of coronavirus among workers, the White House ordered that they remain open to maintain the supply of meat. The staff of slaughterhouses in the US is almost exclusively people with low socioeconomic status, ethnic minorities, and migrants.[11] Almost half of frontline slaughterhouse workers are Hispanic, and a quarter is Black. Additionally, half are immigrants, and a quarter comes from families with limited English proficiency. An eighth live in poverty, with around 45 percent below 200 percent of the poverty line. Only one-in-forty has a college degree or more, while one-in-six lacks health insurance. Employee turnover rates are around 200 percent per year.[12] Injuries are very common in the fast-moving conveyor belt environment with sharp knives, machinery, and a crowd of workers. OSHA found 17 cases of hospitalizations, two body part amputations per week, and loss of an eye every month in the American industrial meat industry. This is three times the workplace accident rate of the average American worker across all industries. Beef and pork workers are likely to suffer repetitive strain at seven times the rate of the rest of the population. One worker told the US Department of Agriculture (USDA) that “every co-worker I know has been injured at some point… I can attest that the line speeds are already too fast to keep up with. Please, I am asking you not to increase them anymore.”[13] Slaughterhouses pose a major risk to public health from zoonotic disease transmission. 20 percent of slaughterhouse workers interviewed in Kenya admit to slaughtering sick animals, which greatly increases the risk of transmitting disease either to a worker further down the production line or a consumer at the supermarket.[14] Moreover, due to poor hygienic conditions and high population density, animals in CAFOs are overfed with antibiotics. Over two-thirds of all antibiotics globally are given to animals in agriculture, predicted to increase by 66 percent by 2030.[15] The majority of these animals do not require antibiotics; their overuse creates a strong and consistent selection pressure on any present bacterial pathogens that leads to antibiotic resistance that could create devastating cross-species disease affecting even humans. The World Health Organization predicts that around 10 million humans per year could die of antibiotic-resistant diseases by 2050.[16] Many of these antibiotics are also necessary for human medical interventions, so antibiotics in animals have a tremendous opportunity cost. The final concern is that of zoonosis itself. A zoonotic disease is any disease that crosses the species boundary from animals to humans. According to the United Nations, 60 percent of all known infections and 75 percent of all emerging infections are zoonotic.[17] Many potential zoonoses are harbored in wild animals (particularly when wild animals are hunted and sold in wet markets) because of the natural biodiversity. However, around a third of zoonoses originate in domesticated animals, which is a huge proportion given the relative lack of diversity of the animals we choose to eat. Q fever, or “query fever,” is an example of a slaughterhouse-borne disease. Q fever has a high fatality rate when untreated that decreases to “just” 2 percent with appropriate treatment.[18] H1N1 (swine flu) and H5N1 (bird flu) are perhaps the most famous examples of zoonoses associated with factory farming. lV. Unjust Distribution The global distribution of food can cause suffering. According to research commissioned by the BBC, the average Ethiopian eats around seven kilograms of meat per year, and the average Rwandan eats eight.[19] This is a factor of ten smaller than the average European, while the average American clocks in at around 115 kilograms of meat per year. In terms of calories, Eritreans average around 1600kcal per day while most Europeans ingest double that. Despite enough calories on the planet to sustain its population, 25,000 people worldwide starve to death each day, 40 percent of whom are children. There are two ways to address the unjust distribution: efficient redistribution and greater net production, which are not mutually exclusive. Some argue that redistribution will lead to lower net productivity because it disincentivizes labor;[20] others argue that redistribution is necessary to respect human rights of survival and equality.[21] Instead of arguing this point, I will focus on people’s food choices and their effect on both the efficiency and total yield of global agriculture, as these are usually less discussed. Regardless of the metric used, animals always produce far fewer calories and nutrients (protein, iron, zinc, and all the others) than we feed them. This is true because of the conservation of mass. They cannot feasibly produce more, as they burn off and excrete much of what they ingest. The exact measurement of the loss varies based on the metric used. When compared to live weight, cows consume somewhere around ten times their weight. When it comes to actual edible weight, they consume up to 25 times more than we can get out of them. Cows are only around one percent efficient in terms of calorific production and four percent efficient in protein production. Poultry is more efficient, but we still lose half of all crops we put into them by weight and get out only a fifth of the protein and a tenth of the calories fed to them.[22] Most other animals lie somewhere in the middle of these two in terms of efficiency, but no animal is ever as efficient as eating plants before they are filtered through animals in terms of the nutritional value available to the world. Due to this inefficiency, it takes over 100 square meters to produce 1000 calories of beef or lamb compared to just 1.3 square meters to produce the same calories from tofu.[23] The food choices in the Western world, where we eat so much more meat than people eat elsewhere, are directly related to a reduction in the amount of food and nutrition in the rest of the world. The most influential theory of justice in recent times is John Rawls’ Original Position wherein stakeholders in an idealized future society meet behind a “veil of ignorance” to negotiate policy, not knowing the role they will play in that society. There is an equal chance of each policymaker ending up poverty-stricken or incredibly privileged; therefore, each should negotiate to maximize the outcome of all citizens, especially those worst-off in society, known as the “maximin” strategy. In this hypothetical scenario, resource distribution would be devised to be as just as possible and should therefore sway away from animal consumption. CONCLUSION Evidence is growing that animals of all sorts, including fish and certain invertebrates, feel pain in ways that people are increasingly inclined to respect, though still, climate science is more developed and often inspires more public passion than animal rights do. Workers’ rights and welfare in slaughterhouses have become mainstream topics of conversation because of the outbreaks of COVID-19 in such settings. Environmentalists note overconsumption in high-income countries, also shining a light on the starvation of much of the low-income population of the world. At the intersection of these bioethical issues lies the modern CAFO, significantly contributing to animal suffering, climate change, poor working conditions conducive to disease, and unjust distribution of finite global resources (physical space and crops). It is certainly time to move away from the CAFO model of agriculture to at least a healthy mixture of extensive agriculture and alternative (non-animal) proteins. - [1] Berners-Lee M, Kennelly C, Watson R, Hewitt CN; Current global food production is sufficient to meet human nutritional needs in 2050 provided there is radical societal adaptation. Elementa: Science of the Anthropocene. 6:52, 2018. DOI: https://doi.org/10.1525/elementa.310 [2] : Lund TB, Kondrup SV, Sandøe P. A multidimensional measure of animal ethics orientation – Developed and applied to a representative sample of the Danish public. PLoS ONE 14(2): e0211656. 2019. DOI: https://doi.org/10.1371/ journal.pone.0211656 [3] Fiber-Ostrow P & Lovell JS. Behind a veil of secrecy: animal abuse, factory farms, and Ag-Gag legislation, Contemporary Justice Review, 19:2, p230-249. 2016. DOI: 10.1080/10282580.2016.1168257 [4] Jones RC. Science, sentience, and animal welfare. Biol Philos 28, p1–30 2013. DOI: https://doi.org/10.1007/s10539-012-9351-1 [5] Twine R. Emissions from Animal Agriculture—16.5% Is the New Minimum Figure. Sustainability, 13, 6276. 2021. DOI: https://doi.org/ 10.3390/su13116276 [6] Capper JL. "Is the Grass Always Greener? Comparing the Environmental Impact of Conventional, Natural and Grass-Fed Beef Production Systems" Animals 2, no. 2: 127-143. 2012. DOI: https://doi.org/10.3390/ani2020127 [7] Monbiot, George. “In Trying to Reduce the Impact of Our Diets, … Their Impact Would Be Lower than Local Beef and Lamb.” Twitter, Twitter, 24 Jan. 2020, twitter.com/GeorgeMonbiot/status/1220691168012460032. [8] Copeland C. Resources, Science, and Industry Division. "Animal waste and water quality: EPA regulation of concentrated animal feeding operations (CAFOs)." Congressional Research Service, the Library of Congress, 2006. [9] Leopold A. A Sand County Almanac, and Sketches Here and There. 1949. [10] Nicole W. “CAFOs and environmental justice: the case of North Carolina.” Environmental health perspectives vol. 121:6. 2013: A182-9. DOI: 10.1289/ehp.121-a182 [11] Fremstad S, Brown H, Rho HJ. CEPR’s Analysis of American Community Survey, 2014-2018 5-Year Estimates. 2020. Accessed 08/06/21 at https://cepr.net/meatpacking-workers-are-a-diverse-group-who-need-better-protections [12] Broadway, MJ. "Planning for change in small towns or trying to avoid the slaughterhouse blues." Journal of Rural Studies 16:1. P37-46. 2000. [13] Wasley A. The Guardian. 2018. Accessed 08/06/2021 at https://www.theguardian.com/environment/2018/jul/05/amputations-serious-injuries-us-meat-industry-plant [14] Cook EA, de Glanville WA, Thomas LF, Kariuki S, Bronsvoort BM, Fèvre EM. Working conditions and public health risks in slaughterhouses in western Kenya. BMC Public Health. 17(1):14. 2017. DOI: 10.1186/s12889-016-3923-y. [15] Global trends in antimicrobial use in food animals. Van Boeckel TP, Brower C, Gilbert M, Grenfell BT, Levin SA, Robinson TP, Teillant A, Laxminarayan R. Proceedings of the National Academy of Sciences May 2015, 112 (18) 5649-5654; DOI: 10.1073/pnas.1503141112 [16] Resistance, IICGoA. "No Time to Wait: Securing the future from drug-resistant infections." Report to the Secretary-General of the United Nations: p1-36. 2019. [17] Espinosa R, Tago D, Treich N. Infectious Diseases and Meat Production. Environ Resource Econ 76, p1019–1044. 2020. https://doi.org/10.1007/s10640-020-00484-3 [18] “Q Fever Fact Sheet.” Pennsylvania Department of Health, 4 Jan. 2003. https://www.health.pa.gov/topics/Documents/Diseases%20and%20Conditions/Q%20Fever%20.pdf [19] Ritchie, Hannah. “Which Countries Eat the Most Meat?” BBC News, BBC, 4 Feb. 2019, www.bbc.co.uk/news/health-47057341. [20] Reynolds, Alan. “The Fundamental Fallacy of Redistribution.” Cato.org, 11 Feb. 2016, 1:22 pm, www.cato.org/blog/fundamental-fallacy-redistribution. [21] Patricia Justino Professor and Senior Research Fellow. “Welfare Works: Redistribution Is the Way to Create Less Violent, Less Unequal Societies.” The Conversation, 20 Aug. 2021, theconversation.com/welfare-works-redistribution-is-the-way-to-create-less-violent-less-unequal-societies-128807. [22] Cassidy E, et al, “Redefining Agricultural Yields: From Tonnes to People Nourished Per Hectare.” Environmental Research Letters, V. 8(3), p2-3. IOPScience. 2013, http://iopscience.iop.org/1748-9326/8/3/034015 [23] Poore J, Nemecek T. Reducing food’s environmental impacts through producers and consumers. Science, 360(6392), p987-992. 2018.

“There is nothing more public than privacy.” (Berlant and Warner, Sex) How did it come to this? How did it happen that a one-off, two-hour event at a public swimming pool in a suburb of outer Melbourne ignited international hate mail and generated media-fanned political anguish and debate about the proper use of public spaces? In 2010, women who attend a women’s only swim session on Sunday evenings at the Dandenong Oasis public swimming pool asked the pool management and the local council for permission to celebrate the end of Ramadan at the pool during the time of their regular swim session. The request was supported by the pool managers and the council and promoted by both as an opportunity for family and friends to get together in a spirit of multicultural learning and understanding. Responding to criticisms of the event as an unreasonable claim on public facilities by one group, the Mayor of the City of Greater Dandenong, Jim Memeti, rejected claims that this event discriminates against non-Muslim residents of the suburb. But here’s the rub. The event, to be held after hours at the pool, requires all participants older than ten years of age to follow a dress code of knee-length shorts and T-shirts. This is a suburban moment that is borne of but exceeds the local. It reflects and responds to a contemporary global conundrum of great political and theoretical significance—how to negotiate and govern the relations between multiculturalism, religion, gender, sexual freedom, and democracy. Specifically this event speaks to how multicultural democracy in the public sphere negotiates the public presence and expression of different cultural and religious frameworks related to gender and sexuality. This is demanding political stuff. Situated in the messy political and theoretical terrains of the relation between public space and the public sphere, this local moment called for political judgement about how cultural differences should be allowed to manifest in and through public space, giving consideration to the potential effects of these decisions on an inclusive multicultural democracy. The local authorities in Dandenong engaged in an admirable process of democratic labour as they puzzled over how to make decisions that were responsible and equitable, in the absence of a rulebook or precedents for success. Ultimately however this mode of experimental decision-making, which will become increasingly necessary to manage such predicaments in the future, was foreclosed by unwarranted and unhelpful media outrage. "Foreclosed" here stresses the preemptive nature of the loss; a lost opportunity for trialing approaches to governing cultural diversity that may fail, but might then be modified. It was condemned in advance of either success or failure. The role of the media rather than the discomfort of the local publics has been decisive in this event.This Multicultural SuburbDandenong is approximately 30 kilometres southeast of central Melbourne. Originally home to the Bunorong People of the Kulin nation, it was settled by pastoralists by the 1800s, heavily industrialised during the twentieth century, and now combines cultural diversity with significant social disadvantage. The City of Greater Dandenong is proud of its reputation as the most culturally and linguistically diverse municipality in Australia. Its population of approximately 138,000 comprises residents from 156 different language groups. More than half (56%) of its population was born overseas, with 51% from nations where English is not the main spoken language. These include Vietnam, Cambodia, Sri Lanka, India, China, Italy, Greece, Bosnia and Afghanistan. It is also a place of significant religious diversity with residents identifying as Buddhist (15 per cent) Muslim (8 per cent), Hindu (2 per cent) and Christian (52 per cent) [CGD]. Its city logo, “Great Place, Great People” evokes its twin pride in the placemaking power of its diverse population. It is also a brazen act of civic branding to counter its reputation as a derelict and dangerous suburb. In his recent book The Bogan Delusion, David Nichols cites a "bogan" website that names Dandenong as one of Victoria’s two most bogan areas. The other was Moe. (p72). The Sunday Age newspaper had already depicted Dandenong as one of two excessively dangerous suburbs “where locals fear to tread” (Elder and Pierik). The other suburb of peril was identified as Footscray.Central Dandenong is currently the site of Australia’s largest ever state sponsored Urban Revitalisation program with a budget of more than $290 million to upgrade infrastructure, that aims to attract $1billion in private investment to provide housing and future employment.The Cover UpIn September 2010, the Victorian and Civil and Administrative Appeals Tribunal (VCAT) granted the YMCA an exemption from the Equal Opportunity Act to allow a dress code for the Ramadan event at the Oasis swimming pool that it manages. The "Y" sees the event as “an opportunity for the broader community to learn more about Ramadan and the Muslim faith, and encourages all members of Dandenong’s diverse community to participate” (YMCA Ramadan). While pool management and the municipal council refer to the event as an "opening up" of the closed swimming session, the media offer a different reading of the VCAT decision. The trope of the "the cover up" has framed most reports and commentaries (Murphy; Szego). The major focus of the commentaries has not been the event per se, but the call to dress "appropriately." Dress codes however are a cultural familiar. They exist for workplaces, schools, nightclubs, weddings, racing and sporting clubs and restaurants, to name but a few. While some of these codes or restrictions are normatively imposed rather than legally required, they are not alien to cultural life in Australia. Moreover, there are laws that prohibit people from being meagerly dressed or naked in public, including at beaches, swimming pools and so on. The dress code for this particular swimming pool event was, however, perceived to be unusual and, in a short space of time, "unusual" converted to "social threat."Responses to media polls about the dress code reveal concerns related to the symbolic dimensions of the code. The vast majority of those who opposed the Equal Opportunity exemption saw it as the thin edge of the multicultural wedge, a privatisation of public facilities, or a denial of the public’s right to choose how to dress. Tabloid newspapers reported on growing fears of Islamisation, while the more temperate opposition situated the decision as a crisis of human rights associated with tolerating illiberal cultural practices. Julie Szego reflects this view in an opinion piece in The Age newspaper:the Dandenong pool episode is neither trivial nor insignificant. It is but one example of human rights laws producing outcomes that restrict rights. It raises tough questions about how far public authorities ought to go in accommodating cultural practices that sit uneasily with mainstream Western values. (Szego)Without enquiring into the women’s request and in the absence of the women’s views about what meaning the event held for them, most media commentators and their electronically wired audiences treated the announcement as yet another alarming piece of evidence of multicultural failure and the potential Islamisation of Australia. The event raised specific concerns about the double intrusion of cultural difference and religion. While the Murdoch tabloid Herald Sun focused on the event as “a plan to force families to cover up to avoid offending Muslims at a public event” (Murphy) the liberal Age newspaper took a more circumspect approach, reporting on its small vox pop at the Dandenong pool. Some people here referred to the need to respect religions and seemed unfazed by the exemption and the event. Those who disagreed thought it was important not to enforce these (dress) practices on other people (Carey).It is, I believe, significant that several employees of the local council informed me that most of the opposition has come from the media, people outside of Dandenong and international groups who oppose the incursion of Islam into non-Islamic settings. Opposition to the event did not appear to derive from local concern or opposition.The overwhelming majority of Herald Sun comments expressed emphatic opposition to the dress code, citing it variously as unAustralian, segregationist, arrogant, intolerant and sexist. The Herald Sun polled readers (in a self-selecting and of course highly unrepresentative on-line poll) asking them to vote on whether or not they agreed with the VCAT exemption. While 5.52 per cent (512 voters) agreed with the ruling, 94.48 per cent (8,760) recorded disagreement. In addition, the local council has, for the first time in memory, received a stream of hate-mail from international anti-Islam groups. Muslim women’s groups, feminists, the Equal Opportunity Commissioner and academics have also weighed in. According to local reports, Professor of Islamic Studies at the University of Melbourne, Shahram Akbarzadeh, considered the exemption was “nonsense” and would “backfire and the people who will pay for it will be the Muslim community themselves” (Haberfield). He repudiated it as an example of inclusion and tolerance, labeling it “an effort of imposing a value system (sic)” (Haberfield). He went so far as to suggest that, “If Tony Abbott wanted to participate in his swimwear he wouldn’t be allowed in. That’s wrong.” Tasneem Chopra, chairwoman of the Islamic Women’s Welfare Council and Sherene Hassan from the Islamic Council of Victoria, both expressed sensitivity to the group’s attempt to establish an inclusive event but would have preferred the dress code to be a matter of choice rather coercion (Haberfield, "Mayor Defends Dandenong Pool Cover Up Order"). Helen Szoke, the Commissioner of the Victorian Equal Opportunity and Human Rights Commission, defended the pool’s exemption from the Law that she oversees. “Matters such as this are not easy to resolve and require a balance to be achieved between competing rights and obligations. Dress codes are not uncommon: e.g., singlets, jeans, thongs etc in pubs/hotels” (in Murphy). The civil liberties organisation, Liberty Victoria, supported the ban because the event was to be held after hours (Murphy). With astonishing speed this single event not only transformed the suburban swimming pool to a theatre of extra-local disputes about who and what is entitled to make claims on public space and publically funded facilities, but also fed into charged debates about the future of multiculturalism and the vulnerability of the nation to the corrosive effects of cultural and religious difference. In this sense suburbs like Dandenong are presented as sites that not only generate fear about physical safety but whose suburban sensitivities to its culturally diverse population represent a threat to the safety of the nation. Thus the event both reflects and produces an antipathy to cultural difference and to the place where difference resides. This aversion is triggered by and mediated in this case through the figure, rather than the (corpo)reality, of the Muslim woman. In this imagining, the figure of the Muslim woman is assigned the curious symbolic role of "cultural creep." The debates around the pool event is not about the wellbeing or interests of the Muslim women themselves, nor are broader debates about the perceived, culturally-derived restrictions imposed on Muslim women living in Australia or other western countries. The figure of the Muslim woman is, I would argue, simply the ground on which the debates are held. The first debate relates to social and public space, access to which is considered fundamental to freedom and participatory democracy, and in current times is addressed in terms of promoting inclusion, preventing exclusion and finding opportunities for cross cultural encounters. The second relates not to public space per se, but to the public sphere or the “sphere of private people coming together as a public” for political deliberation (Habermas 21). The literature and discussions dealing with these two terrains have remained relatively disconnected (Low and Smith) with public space referring largely to activities and opportunities in the socio-cultural domain and the public sphere addressing issues of politics, rights and democracy. This moment in Dandenong offers some modest leeway for situating "the suburb" as an ideal site for coalescing these disparate discussions. In this regard I consider Iveson’s provocative and productive question about whether some forms of exclusions from suburban public space may actually deepen the democratic ideals of the public sphere. Exclusions may in such cases be “consistent with visions of a democratically inclusive city” (216). He makes his case in relation to a dispute about the exclusion of men exclusion from a women’s only swimming pool in the Sydney suburb of Coogee. The Dandenong case is similarly exclusive with an added sense of exclusion generated by an "inclusion with restrictions."Diversity, Difference, Public Space and the Public SphereAs a prelude to this discussion of exclusion as democracy, I return to the question that opened this article: how did it come to this? How is it that Australia has moved from its renowned celebration and pride in its multiculturalism so much in evidence at the suburban level through what Ghassan Hage calls an “unproblematic” multiculturalism (233) and what others have termed “everyday multiculturalism” (Wise and Velayutham). Local cosmopolitanisms are often evinced through the daily rituals of people enjoying the ethnic cuisines of their co-residents’ pasts, and via moments of intercultural encounter. People uneventfully rub up against and greet each other or engage in everyday acts of kindness that typify life in multicultural suburbs, generating "reservoirs of hope" for democratic and cosmopolitan cities (Thrift 147). In today’s suburbs, however, the “Imperilled Muslim women” who need protection from “dangerous Muslim men” (Razack 129) have a higher discursive profile than ethnic cuisine as the exemplar of multiculturalism. Have we moved from pleasure to hostility or was the suburban pleasure in racial difference always about a kind of “eating the other” (bell hooks 378). That is to ask whether our capacity to experience diversity positively has been based on consumption, consuming the other for our own enrichment, whereas living with difference entails a commitment not to consumption but to democracy. This democratic multicultural commitment is a form of labour rather than pleasure, and its outcome is not enrichment but transformation (although this labour can be pleasurable and transformation might be enriching). Dandenong’s prized cultural precincts, "Little India" and the "Afghan bazaar" are showcases of food, artefacts and the diversity of the suburb. They are centres of pleasurable and exotic consumption. The pool session, however, requires one to confront difference. In simple terms we can think about ethnic food, festivals and handicrafts as cultural diversity, and the Muslim woman as cultural difference.This distinction between diversity and difference is useful for thinking through the relation between multiculturalism in public space and multicultural democracy of the public sphere. According to the anthropologist Thomas Hylland Eriksen, while a neoliberal sensibility supports cultural diversity in the public space, cultural difference is seen as a major cause of social problems associated with immigrants, and has a diminishing effect on the public sphere (14). According to Eriksen, diversity is understood as aesthetic, or politically and morally neutral expressions of culture that are enriching (Hage 118) or digestible. Difference, however, refers to morally objectionable cultural practices. In short, diversity is enriching. Difference is corrosive. Eriksen argues that differences that emerge from distinct cultural ideas and practices are deemed to create conflicts with majority cultures, weaken social solidarity and lead to unacceptable violations of human rights in minority groups. The suburban swimming pool exists here at the boundary of diversity and difference, where the "presence" of diverse bodies may enrich, but their different practices deplete and damage existing culture. The imperilled Muslim woman of the suburbs carries a heavy symbolic load. She stands for major global contests at the border of difference and diversity in three significant domains, multiculturalism, religion and feminism. These three areas are positioned simultaneously in public space and of the public sphere and she embodies a specific version of each in this suburban setting. First, there a global retreat from multiculturalism evidenced in contemporary narratives that describe multiculturalism (both as official policy and unofficial sensibility) as failed and increasingly ineffective at accommodating or otherwise dealing with religious, cultural and ethnic differences (Cantle; Goodhart; Joppke; Poynting and Mason). In the UK, Europe, the US and Australia, popular media sources and political discourses speak of "parallel lives,"immigrant enclaves, ghettoes, a lack of integration, the clash of values, and illiberal cultural practices. The covered body of the Muslim woman, and more particularly the Muslim veil, are now read as visual signs of this clash of values and of the refusal to integrate. Second, religion has re-emerged in the public domain, with religious groups and individuals making particular claims on public space both on the basis of their religious identity and in accord with secular society’s respect for religious freedom. This is most evident in controversies in France, Belgium and Netherlands associated with banning niqab in public and other religious symbols in schools, and in Australia in court. In this sense the covered Muslim woman raises concerns and indignation about the rightful place of religion in the public sphere and in social space. Third, feminism is increasingly invoked as the ground from which claims about the imperilled Muslim woman are made, particularly those about protecting women from their dangerous men. The infiltration of the Muslim presence into public space is seen as a threat to the hard won gains of women’s freedom enjoyed by the majority population. This newfound feminism of the public sphere, posited by those who might otherwise disavow feminism, requires some serious consideration. This public discourse rarely addresses the discrimination, violation and lack of freedom experienced systematically on an everyday basis by women of majority cultural backgrounds in western societies (such as Australia). However, the sexism of racially and religiously different men is readily identified and decried. This represents a significant shift to a dubious feminist register of the public sphere such that: “[w]omen of foreign origin, ...more specifically Muslim women…have replaced the traditional housewife as the symbol of female subservience” (Tissot 41–42).The three issues—multiculturalism, religion and feminism—are, in the Dandenong pool context, contests about human rights, democracy and the proper use of public space. Szego’s opinion piece sees the Dandenong pool "cover up" as an example of the conundrum of how human rights for some may curtail the human rights of others and lead us into a problematic entanglement of universal "rights," with claims of difference. In her view the combination of human rights and multiculturalism in the case of the Dandenong Pool accommodates illiberal practices that put the rights of "the general public" at risk, or as she puts it, on a “slippery slope” that results in a “watering down of our human rights.” Ideas that entail women making a claim for private time in public space are ultimately not good for "us."Such ideas run counter to the West's more than 500-year struggle for individual freedom—including both freedom of religion and freedom from religion—and for gender equality. Our public authorities ought to be pushing back hardest when these values are under threat. Yet this is precisely where they've been buckling under pressure (Szego)But a different reading of the relation between public and private space, human rights, democracy and gender freedom is readily identifiable in the Dandenong event—if one looks for it. Living with difference, I have already suggested, is a problem of democracy and the public sphere and does not so easily correspond to consuming diversity, as it demands engagement with cultural difference. In what remains, I explore how multicultural democracy in the public sphere and women’s rights in public and private realms relate, firstly, to the burgeoning promise of democracy and civility that might emerge in public space through encounter and exchange. I also point out how this moment in Dandenong might be read as a singular contribution to dealing with this global problematic of living with difference; of democracy in the public sphere. Public urban space has become a focus for speculation among geographers and sociologists in particular, about the prospects for an enhanced civic appreciation of living with difference through encountering strangers. Random and repetitious encounters with people from all cultures typify contemporary urban life. It remains an open question however as to whether these encounters open up or close down possibilities for conviviality and understanding, and whether they undo or harden peoples’ fears and prejudices. There is, however, at least in some academic and urban planning circles, some hope that the "throwntogetherness" (Massey) and the "doing" of togetherness (Laurier and Philo) found in the multicultural city may generate some lessons and opportunities for developing a civic culture and political commitment to living with difference. Alongside the optimism of those who celebrate the city, the suburb, and public spaces as forging new ways of living with difference, there are those such as Gill Valentine who wonder how this might be achieved in practice (324). Ash Amin similarly notes that city or suburban public spaces are not necessarily “the natural servants of multicultural engagement” (Ethnicity 967). Amin and Valentine point to the limited or fleeting opportunities for real engagement in these spaces. Moreover Valentine‘s research in the UK revealed that the spatial proximity found in multicultural spaces did not so much give rise to greater mutual respect and engagement, but to a frustrated “white self-segregation in the suburbs.” She suggests therefore that civility and polite exchange should not be mistaken for respect (324). Amin contends that it is the “micro-publics” of social encounters found in workplaces, schools, gardens, sports clubs [and perhaps swimming pools] rather than the fleeting encounters of the street or park, that offer better opportunities for meaningful intercultural exchange. The Ramadan celebration at the pool, with its dress code and all, might be seen more fruitfully as a purposeful event engaging a micro-public in which people are able to “break out of fixed relations and fixed notions” and “learn to become different” (Amin, Ethnicity 970) without that generating discord and resentment.Micropublics, Subaltern Publics and a Democracy of (Temporary) ExclusionsIs this as an opportunity to bring the global and local together in an experiment of forging new democratic spaces for gender, sexuality, culture and for living with difference? More provocatively, can we see exclusion and an invitation to share in this exclusion as a precursor to and measure of, actually existing democracy? Painter and Philo have argued that democratic citizenship is questionable if “people cannot be present in public spaces (streets, squares, parks, cinemas, churches, town halls) without feeling uncomfortable, victimized and basically ‘out of place’…" (Iveson 216). Feminists have long argued that distinctions between public and private space are neither straightforward nor gender neutral. For Nancy Fraser the terms are “cultural classifications and rhetorical labels” that are powerful because they are “frequently deployed to delegitimate some interests, views and topics and to valorize others” (73). In relation to women and other subordinated minorities, the "rhetoric of privacy" has been historically used to restrict the domain of legitimate public contestation. In fact the notion of what is public and particularly notions of the "public interest" and the "public good" solidify forms of subordination. Fraser suggests the concept of "subaltern counterpublics" as an alternative to notions of "the public." These are discursive spaces where groups articulate their needs, and demands are circulated formulating their own public sphere. This challenges the very meaning and foundational premises of ‘the public’ rather than simply positing strategies of inclusion or exclusion. The twinning of Amin’s notion of "micro-publics" and Fraser’s "counterpublics" is, I suggest, a fruitful approach to interpreting the Dandenong pool issue. It invites a reading of this singular suburban moment as an experiment, a trial of sorts, in newly imaginable ways of living democratically with difference. It enables us to imagine moments when a limited democratic right to exclude might create the sorts of cultural exchanges that give rise to a more authentic and workable recognition of cultural difference. I am drawn to think that this is precisely the kind of democratic experimentation that the YMCA and Dandenong Council embarked upon when they applied for the Equal Opportunity exemption. I suggest that by trialing, rather than fixing forever a "critically exclusive" access to the suburban swimming pool for two hours per year, they were in fact working on the practical problem of how to contribute in small but meaningful ways to a more profoundly free democracy and a reworked public sphere. In relation to the similar but distinct example of the McIver pool for women and children in Coogee, New South Wales, Kurt Iveson makes the point that such spaces of exclusion or withdrawal, “do not necessarily serve simply as spaces where people ‘can be themselves’, or as sites through which reified identities are recognised—in existing conditions of inequality, they can also serve as protected spaces where people can take the risk of exploring who they might become with relative safety from attack and abuse” (226). These are necessary risks to take if we are to avoid entrenching fear of difference in a world where difference is itself deeply, and permanently, entrenched.ReferencesAmin, Ash. “Ethnicity and the Multicultural City: Living with Diversity.” Environment and Planning A 34 (2002): 959–80.———. “The Good City.” Urban Studies 43 (2006): 1009–23.Berlant, Lauren, and Michael Warner. “Sex in Public.” Critical Inquiry 24 (1998): 547–66.Cantle, Ted. Community Cohesion: A Report of the Independent Review Team. 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