Keeping the faith: trends and tensions in religion or belief discrimination
2011
40
4
December
384-404
discrimination ; equal rights ; human rights ; legislation ; religious discrimination
Human rights
http://dx.doi.org/10.1093/indlaw/dwr023
English
"The protected characteristic of religion or belief gives rise to particular difficulties because of the breadth of the concept and the neutrality of the law as to the relative value of different belief systems. This article analyses the response of the courts in the developing case law on religion or belief discrimination in relation to the scope of the protection, the concepts of direct and indirect discrimination and the treatment of genuine occupational requirements, dealing in particular with the so-called ‘clash of rights' between religion or belief and other protected grounds. It argues that the desire to keep claims for religion or belief discrimination within reasonable bounds while maintaining apparent neutrality leads to some danger of a distortion of fundamental concepts of equality law. In conclusion, it argues that the fundamental problem arises because of a confusion of a freedom guaranteed by human rights law with the need to protect individuals from less favourable treatment because of their membership of a group disadvantaged in the labour market."
Paper
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.