Some Legal, Ethical and Moral Principles that Underpin the Impact of EDI and Mindfulness
As I embark on the second year of studies into Equity, Diversity and Inclusion (EDI) and Mindfulness, I have come across a number of people who have quite rightly questioned the relevance of EDI in mindfulness communities and in fact its relevance in society itself. Over the last year I have investigated some of the legal, ethical and moral principles that underpin the impact on EDI and mindfulness. I would like to share some of my findings thus far in addressing some societal and personal implications in disseminating sustainable EDI through the practice of mindfulness. Secular mindfulness involves promoting mental health and well-being and stress reduction techniques and as such it offers services and programmes to the public. EDI encompasses principles and practises aimed at promoting fairness, preventing discrimination and ensuring equal opportunities for all individuals, regardless of any characteristics or backgrounds.
Legal Obligations
Legal implications and obligations related to EDI include taking into account the Equality Act 2010, which is a key piece of legislation in the UK that prohibits discrimination on the basis of protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy, maternity, race, religion, beliefs, sex and sexual orientation. Since mindfulness programmes are offered to the public in several settings it is essential to ensure that they do not discriminate against individuals based on these characteristics.
Those working in the context of mindfulness should consider accessibility for individuals with disabilities. This could involve making sure mindfulness materials, sessions and facilities are accessible to people with various disabilities in accordance with the Equality Act 2010 and other relevant regulations. For example, if a participant in the mindfulness programme has a disability there is an obligation to make a reasonable adjustment to accommodate their needs and ensuring they have equal access to the benefits of the programme. Inclusive language and representation that does not marginalise or exclude any particular group of people is paramount in any form of course of study. This could include the use of gender-neutral language and ensuring diverse representation in course materials. Those involved in teacher training, or the employment of facilitators may consider diversity in recruitment to ensure there is a diverse pool of facilitators that reflect the broader population. Such an approach could enhance inclusivity and reach out to a variety of individuals in the community.
Another legal aspect relates to data protection, if the group collects personal information from participants it should ensure compliance with the data protection law such as the General Data Protection Regulation (GDPR). This involves obtaining consent for data collection and processing ensuring data security and providing clear information about how the data will be used. Anti discrimination policies should be implemented and the commitment to EDI principles clearly outlined. Guidance on appropriate behaviour and responses to discrimination or harassment should be readily available. Those involved in delivering mindfulness programmes and training and awareness should be trained in, and be aware of, EDI principles and be confident in responding appropriately to any EDI related issues that arise during the sessions.
The application of legal obligations can vary on the mindfulness programme or organization. Consulting with legal experts who specialize in EDI and relevant laws in the UK would be advisable to ensure compliance and promote an inclusive and welcoming environment for all participants. In many cases the law dictates the minimum requirements necessary, however it is good practice for us to aim to achieve more than what is merely necessary and to incorporate the principals of EDI into our practices, so they are embedded and embodied to the extent we are able to challenge ourselves and others in a safe, respectful and enquiring way.
Ethical Considerations
Some of the key ethical considerations include cultural appropriation since mindfulness has origins in various eastern contemplative traditions such as Buddhism. Where practitioners and teachers extract mindfulness from its cultural and religious context without proper understanding or respect it can be seen as a form of cultural appropriation. This raises concerns about commodification and misrepresentation of the practice. The increasingly popularity of mindfulness and its incorporation into various commercial context such as corporate wellness programmes and consumer products. This commercialisation of mindfulness raises concerns about the transformation into a marketable commodity potentially diluting its intended purpose and
authenticity.
The training and qualification of teachers is also important. As mindfulness teachers become more mainstream, there is a risk of unqualified or inexperienced individuals presenting themselves as mindfulness teachers, this could lead to inadequate instruction and guidance, potentially causing harm to participants who might be dealing with issues relating to mental health, trauma or personal issues that may require specific modification and adjustment to some practices.
Where mindfulness can offer mental health benefits, the risk of overselling it as a panacea or relying on it for serious mental health conditions can lead to the neglect of other evidence-based treatments interventions, potentially harming individuals who need more comprehensive care. Whilst the regular practice of mindfulness has positive effects, for some individuals with certain psychological conditions, it might trigger or exacerbate symptoms. Teachers should be aware of the potential risks and provide appropriate guidance, especially when working with vulnerable populations. Some proponents of mindfulness might present mindfulness in a way to achieve constant happiness or complete elimination of stress, this can cause unrealistic expectations or disappointment when participants find mindfulness does not entirely eliminate life’s challenges.
The emphasis on individual well-being through mindfulness can sometimes overlook the broader systemic issues contributing to stress and suffering. Focusing solely on individual practices without addressing societal inequalities and injustices can be ethically questionable. Mindfulness practices and teachings may not be equally accessible to all individuals. Factors such as socio-economic status, race, gender, sexual orientation, mental and physical ability can influence a person’s ability to engage in mindfulness practices. Serious and committed effort must be made to ensure inclusivity and diversity in mindfulness communities.
In some cases, mindfulness techniques have been used to enhance focus and productivity in work environments without considering the well-being of employees. If not implemented ethically, the instrumentalization of mindfulness can lead to burnout and stress. It also diminishes the positive effects of mindfulness by equating it with other tools employed in the workplace used to increase productivity.
Informed consent is important in relation to EDI, since mindfulness practices can bring up strong emotions and memories. Teachers should ensure that participants are well-informed about the potential psychological effects and provide a safe space for processing these experiences. Ethical mindfulness practitioners should accurately represent the state of scientific research and not overstate its effectiveness. Addressing these ethical implications requires mindfulness practitioners, teachers, and communities to approach the practice with a critical and introspective mindset. Mindfulness should be taught and practiced in a way that respects its origins, fosters inclusivity, and prioritises the well-being of participants while considering the broader social and cultural context.
Moral Implications
There are several moral implications of integrating EDI principles into mindfulness practice. Equity and accessibility is increasingly something all practitioners and organisations facilitating mindfulness courses should be aware of. By prioritizing equity, mindfulness practitioners and teachers can ensure that their offerings are available to a diverse range of people, reducing barriers to participation. Cultural sensitivity and respect for all participants may be achieved when instructors and practitioners are culturally sensitive and respectful of the diverse backgrounds of participants. This involves acknowledging the cultural origins of mindfulness practices, avoiding cultural appropriation, and creating a safe space where individuals from different backgrounds feel valued and respected. Mindfulness communities and organizations should make efforts to include a diverse range of voices, perspectives, and experiences. This can help create a more inclusive and enriching environment where participants can learn from each other’s unique insights. Furthermore, practitioners and teachers should be aware of potential harm caused by reinforcing stereotypes or cultural insensitivity. Mindfulness practices should not perpetuate harmful narratives or reinforce biases.
In mindfulness teaching relationships, power dynamics can emerge. Teachers should be aware of how their position of authority might affect participants from marginalized groups and take steps to ensure a balanced power dynamic and safe learning environment. Mindfulness teachers have a responsibility to educate themselves about EDI principles and how they intersect with mindfulness practice. This includes understanding the impact of systemic oppression on mental health and well-being. Social justice and responsiblity may be addressed by integrating EDI principles into mindfulness practice. This can lead to a broader understanding of social justice issues. Practitioners may be motivated to address systemic inequalities and advocate for positive change in their communities.
Mindfulness practice encourages the development of empathy and compassion. Integrating EDI principles can enhance these qualities by encouraging individuals to understand and empathize with the experiences of others who may have different life circumstances. Mindfulness can be incorporated into research and practices by challenging implicit bias. Mindfulness can help individuals become more aware of their own biases and prejudices. Practitioners should strive to address and challenge their own biases, both on an individual level and within mindfulness communities.
Conclusion
In conclusion, it seems that the topic of EDI and mindfulness covers a range of legal, ethical and moral perspectives that can allow for our practice of mindfulness to foster collaborative learning and growth. An inclusive and diverse mindfulness community can foster collaborative learning, allowing participants to gain insights from a variety of perspectives. This can lead to personal growth and a deeper understanding of the human experience. Integrating EDI principles into mindfulness practice involves making ethical choices that consider the well-being and dignity of all individuals. This might mean addressing uncomfortable topics related to privilege, discrimination, and social justice. Overall, integrating Equity, Diversity, and Inclusion (EDI), into mindfulness practice aligns with the ethical principles of respect, compassion, and justice. It ensures that mindfulness is practiced in a way that supports the well-being of all individuals and contributes to a more just and inclusive society.
I hope that I have addressed the question posed in this short blog as to why we need to address EDI, both individually, as part of our community and society too. Over the coming year, I will continue to research into this important topic and share some insights with you. Please do get in touch with me if you have any thoughts or comments on this issue, I would love to hear them.
Further Reading
ERGAS, O., (2019). Mindfulness in, as and of education: three roles of mindfulness in education. Journal of Philosophy of Education, 53(2), pp.340-358.
GILBERT, P. and CHODEN, (2013). Mindful Compassion. London: Robinson.
HOLLOWAY, K., (2015a). Mindfulness is a capitalist grift: How faux enlightenment maintains our status quo. Salon. Available: http://www.salon.com/2015/07/15/mindfulness_is_a_capitalist_grift_how_faux_enlightenment_maintains_our_status_quo_partner/
GOOD PRACTICE GUIDANCE FOR TEACHING MINDFULNESS-BASED COURSES http://www.bangor.ac.uk/mindfulness/documents/MBA%20teacherGPGFeb%2010.pdf [Date accessed 17/12/2016].
HYLAND, T., (2015). On the contemporary applications of mindfulness: Some implications for education. Journal of Philosophy of Education, 49(2), pp.170-186.
HYLAND, T., (2015a). McMindfulness in the workplace: Vocational learning and the commodification of the present moment. Journal of Vocational Education & Training, 67(2), pp.219–234.
PURSER, R. and LOY, D., (2013). Beyond Mindfulness. Huffington Post. Available: http://www.huffingtonpost.com/ron-purser/beyond-mcmindfulness_b_3519289.html
ROBSON, D., (2021). Stress, anxiety, productivity: mindfulness is often touted as a solution to nearly everything. But research shows that you can actually take meditation too far. BBC Worklife, https://www.bbc.com/worklife/article/20210202-how-mindfulness-can-blunt-your-feelings-and-spike-anxiety
