Religion Equality And Employment In Europe
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| Author | : Katayoun Alidadi |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 339 |
| Release | : 2017-06-15 |
| Genre | : Law |
| ISBN | : 1509911383 |
The management of religious and ideological diversity remains a key challenge of our time – deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms? Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies –Belgium, the Netherlands and the UK – as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context. Awarded an honourable mention from the International Academy of Comparative Law for the 2018 Canada Prize!
| Author | : Katayoun Alidadi |
| Publisher | : |
| Total Pages | : |
| Release | : 2014 |
| Genre | : Convention for the Protection of Human Rights and Fundamental Freedoms |
| ISBN | : 9781509911400 |
| Author | : Erica Howard |
| Publisher | : Routledge |
| Total Pages | : 415 |
| Release | : 2019-09-23 |
| Genre | : Law |
| ISBN | : 0429603797 |
Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual’s human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.
| Author | : Thomas Giegerich |
| Publisher | : Springer Nature |
| Total Pages | : 493 |
| Release | : 2020-07-06 |
| Genre | : Law |
| ISBN | : 3030437647 |
This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.
| Author | : Luca Paladini |
| Publisher | : Springer Nature |
| Total Pages | : 438 |
| Release | : 2023-09-30 |
| Genre | : Law |
| ISBN | : 3031345037 |
This book offers an in-depth analysis of a fundamental human freedom and a cornerstone of democracy: the Freedom of Religions or Beliefs (FoRB). The book focuses on the legal protection and promotion of FoRB in Europe because, in this context, exercising this right goes beyond a mere internal positioning in terms of legislation; rather, it is influenced by international and supranational case law, as well as the promotional activities of selected non-state subjects of international law. The content is divided into three sections: Part I on the European Convention of Human Rights, Part II on the EU, and Part III on other international actors. The first two Parts examine FoRB in its systematic aspects and “day-to-day” aspects. In contrast, the third Part highlights the promotional activities carried out by the Holy See, the ILO, the Council of Europe (“beyond the Strasbourg Court”), and the OSCE to promote, recommend or otherwise support it. Overall, the volume highlights how the exercise of FoRB can be ensured via international and supranational legal protection (both normative and judicial) and via promotional activities aimed at encouraging and helping states guarantee tolerance and pluralism in their national legislation. The 16 main chapters offer a broad overview of the topic under investigation. Each contribution can be seen as a stand-alone study and, simultaneously, as a link in a chain of legal analysis that connects multiple FoRB-focused questions. The book offers a valuable tool for all readers with an academic or professional interest in FoRB and those who have to address the issue of how to protect this freedom. It is intended not only for academics who work in the field of law but also for legal practitioners (judges, lawyers, diplomats), human rights advocates, members of religious and spiritual communities, policymakers and students.
| Author | : Farrah Raza |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 245 |
| Release | : 2023-04-20 |
| Genre | : Political Science |
| ISBN | : 1509937110 |
On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others? This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.
| Author | : Katayoun Alidadi |
| Publisher | : Routledge |
| Total Pages | : 548 |
| Release | : 2018-06-13 |
| Genre | : Political Science |
| ISBN | : 1317073770 |
In several Western countries, expert commissions composed of academics, public figures, politicians and community organisers have been established by governments or civil society to reflect on the changes and challenges of an increasingly plural society. Commission recommendations on how to ‘manage’ diversities successfully have shaped national narratives and affected law and public policies, yet research on the workings of such commissions remains rare. This book focuses on the experiences of expert commissions in the UK, France, Quebec and Belgium. Furthering the debate on commissions’ potential and limitations it draws on the first-hand experiences and introspection of former commission members and close observers, along with outside perspectives and critique from independent scholars. Building on its companion volume (Public Commissions on Cultural and Religious Diversity: Analysis, Reception and Challenges), this book engages with core concepts of identity, nationality, citizenship, freedom, equality and accommodation. It will appeal to researchers and students of public policy, sociology, anthropology, law, religion, politics, history and migration studies, as well as policymakers and anyone with a general interest in current debates on ethnic, cultural and religious diversity.
| Author | : Jasper Doomen |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 207 |
| Release | : 2021-07-29 |
| Genre | : Religion |
| ISBN | : 1793618399 |
Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.
| Author | : Uladzislau Belavusau |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 393 |
| Release | : 2018-11-15 |
| Genre | : Law |
| ISBN | : 1509915001 |
The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.
| Author | : Erica Howard |
| Publisher | : Taylor & Francis |
| Total Pages | : 189 |
| Release | : 2023-12-18 |
| Genre | : Law |
| ISBN | : 1003807992 |
This book contains an in-depth examination of the Islamic headscarf cases of the Court of Justice of the European Union (CJEU) and places these against the background of the Islamophobia existing across Europe. It assesses how EU law can best protect women who want to wear headscarves at work for religious reasons and why this protection is important not only for the women themselves but also for the EU, taking into account its values as laid down in the Treaties, the Charter of Fundamental Rights of the EU and in the anti-discrimination Directives. It puts forward arguments for a finding that workplace neutrality bans constitute direct religion or belief discrimination and examines the way that the justification test for indirect discrimination has been applied by the CJEU. The work suggests that such bans could be more successfully challenged as gender and/or racial or ethnic origin discrimination, because the protection against these forms of discrimination is stronger. It also suggests that a claim for intersectional discrimination – on the grounds of gender, racial and ethnic origin, and religion or belief – should be possible in EU anti-discrimination law. The book will be of interest to academics, researchers and policy-makers working in the areas of equality and non-discrimination law, EU law and law and religion.
