Religious Freedom, Religious Discrimination and the Workplace

Erscheinungsjahr 2008
ISBN: 978-1-84113-687-5
Verlag: Bloomsbury 3PL

Buch, Englisch, 244 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 412 g

The book considers the extent to which religious interests are protected in the workplace, with particular reference to the protection against religious discrimination provided by the Employment Equality (Religion and Belief) Regulations 2003. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion.

Discrimination on grounds of religion and belief within the workplace raises many complex and contested issues, not least because of the multi-faceted nature of religious discrimination. Discrimination can occur where secular employers refuse to employ or accommodate religious employees, as well as where religious groups refuse to employ those of a different religion, or those of the same religion whose interpretation or practice of the faith differs. Adding to the complexity is the fact that freedom of religion is protected as a fundamental human right which may be enjoyed by both religious individuals and religious groups. Although it is not an absolute right, its importance to individuals means that religious freedom may warrant a degree of protection in the work context.

The book begins with a study of the basis for protecting religious freedom and considers the extent to which that right should be exercised in specialised context of the workplace. It takes a comparative approach, considering the position in other common law jurisdictions, and within the European Union. It locates the debate surrounding these issues within a philosophical and theoretical framework in which the importance of freedom of religion, and its role within the workplace is fully debated.

Autoren/Hrsg.

Vickers, Lucy

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Chapter 1: Religious Discrimination and Religious Freedom at Work

I Introduction

II Religion in the UK

III Experience of Discrimination

IV Tackling Religious Discrimination

Chapter 2: Seeking a Definition of Religion and Belief

I What is 'Religion'?

II Defining Belief

III Towards a Definition of Religion and Belief

Chapter 3: Protecting Religion at Work

I Introduction

II Why Protect Religious Interests?

III Protecting Religious Interests in the Work Context

IV The Proportionality Equation: Religion and the Workplace

V Conclusion

Chapter 4: Freedom of Religion at Work and the European Convention on Human Rights

I Freedom of Religion and the Human Rights Act 1998

II Protection of Freedom of Religion Under the ECHR

III Freedom of Religion Under Article 9

IV Protection Against Religious Discrimination Under Article 14

V Conclusion 116
Chapter 5: Protection Against Religious Discrimination in the UK

I Protection Under the Employment Equality (Religion and Belief) Regulations 2003

II Religious Schools

III Protection of Religious Interests Which are Not Protected by the Regulations

IV Conclusion

Chapter 6: Religious Interests in the Workplace: Comparative Perspectives

I United States of America

II Canada

III Europe

IV Conclusion

Chapter 7: Religious Freedom at Work

I A Duty of Reasonable Accommodation?

II Protecting Religious Work

III Remaining Difficulties

IV Conclusion

Über Autor(innen)

Lucy Vickers is a Professor of Law and Director of the Centre for Legal Research and Policy Studies at Oxford Brookes University.