Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
Table of Contents
Contents: Introduction, Katayoun Alidadi, Marie-Claire Foblets and Jogchum Vrielink; Part I European Components of the Religion and Workplace Debate: Religious interests in the European workplace: different perspectives, Lucy Vickers; Section I Religion, Workplace Accommodations and the Case Law of the European Court of Human Rights: Religious accommodation in the workplace: improving the legal reasoning of the European Court of Human Rights, SaÃ¯la Ouald Chaib; A critical appraisal of the margin of appreciation left to states pertaining to 'church-state relations' under the jurisprudence of the European Court of Human Rights, Kristin Henrard; Beyond Lautsi: an alternative approach to limiting the government's ability to display religious symbols in the public workplace, Hans-Martien ten Napel. Section II New Player Joining In: the European Union and Religious Discrimination: Accommodation of religion and sex equality in the workplace under the EU equality directives: a double bind for the European Court of Justice, Titia Loenen; Silence is golden? Charting the intersections of speech and direct discrimination under EU law with a special focus on racial and religious discrimination in recruitment, Jogchum Vrielink; Religious-ethos employers and other expressive employers under European and Belgian employment law, Yves Stox. Part II Identity, Neutrality, Secularism: Case Studies and Comparative Perspectives: Section I Country Studies: Turkey, France and Belgium: Religion in the public and private Turkish workplace: the approach of the Turkish judiciary, Mine Yildrim; The practice of religion in the French public and private workplace: in search of an elusive balance, Rim-Sarah Alouane; Jewish women in the Belgian workplace: an anthropological perspective, Efrat Tzadik. Section II Comparative Perspectives In the Public and Private Workplace: Muslim women made redundant: unintended signals in Belgian and Dutch case law on religious dress in private sector employment an
''...the book is worthwhile reading and an original source of information and analysis of the relevant legal, political and anthropological implications of an issue that Europe, as political and legal entity, and its Member States cannot defer to tackle.’ Religion and Human Rights Religion and modernity meet in the European workplace. The implications are many and varied. The contributions to this timely volume are concerned with the legal dimensions of these encounters. They merit very careful scrutiny.' Grace Davie, University of Exeter, UK ’Throughout Europe, religion in the workplace is perceived as self-evident in some contexts, and as hugely problematic in others. The increasing number of legal scholars and practitioners who confront this issue will find in this book numerous pathways along which to form their own legal opinion, and to help shape the as yet undecided legal approaches in many European countries.’ Eva Brems, Ghent University, Belgium