Law and the Wearing of Religious Symbols/ European Bans on the Wearing of Religious Symbols in Education
Howard,Erica
- 1st.ed.
- London: Routledge, 2012.
- 223
Introduction General background 1 The educational setting J Chapter summaries 5 1 Key concepts Introduction 8 Religion or belief 9 Legal prot'isions 9 Case law 11 Objective or subjective belief 13 Other legislative instruments 14 Preedom of religion as a human right 16 Absolute right - forum internum 16 Qualified right - forum externum 17 Manifestation of religion or belief 18 'Peaching and proselytising 24 Religious discrimination 25 Religious symbols 27 Conclusion 28 2 Arguments for and against bans on the wearing of religious symbols Introduction }0 Reasons for banning religious symbols 31 Safety and security 31 Separation and segregation 32 Bcnrier to communkation 34 S/il>l)ression of women und uguimt equality between men and women 35 Preservation of the secularist nature of the stale 37 Counter arguments and arguments against banning religious symbols 39 No need for ban on the grounds given 40 Breach offreedom of religion 49 Breach of the right to eciuality and protection against discrimination 49 Conclusion 50 Bans on religious symbols as a breach of the human right to freedom of religion Introduction 53 Article 2, Protocol I IICUR 55 Violation of freedom of religion 58 Case law from the European Court of Human Rights 58 British case law 66 Case law from other countries 74 Conclusion 76 Bans on religious symbols as a breach of anti-discrimination laws Introduction 78 Equality and non-discrimination 79 Eciuality and non-discrimination as a human right 79 Bans as a form ofdiscrimination 81 Case law 84 Discrimination-based claims versus human rights-based claims 94 European Court of Human Rights 94 British case law 96 Conclusion 100 Justification Introduction 102 Justification in Article 9 ECHR 104 Prescribed by law 104 Necessaiy in a democratic society / 05 Ijigitimate aims 107 Proportionality 110 Margin ofappreciation 112 Justification in Article 14 ECllR 114 Justification in the ELI Charter of Fundamental Rights 117 Justification in EU anti-discrimination law 117 Justification in national anti-discrimination law 120 British anti-discrimination law 120 Other jurisdictions 121 Alternatives as justification 122 Conclusion 126 6 Reasonable accommodation and equality duties Introduction 128 Reasonable accommodation 129 USA and Canada 129 European Court of Human Rights 134 European Union laiv 133 F.cjuality duties 144 Conclusion 149 1 Conclusion Introduction 133 Concluding summaries 133 Key concepts 133 A rguments for and against bans on the wearing of religious symbols 134 Bans on religious symbols as a breach of the human right to freedom of religion 133 Bans on religious symbols as a breach of anti-discrimination laws 136 JustiJication 137 Reasonable accommodation and public sector ecjuality duties 138 Conclusion: different claims - same results? 139