Journal article

Publication details

Freedom of Religion at Work in EU Migration Law and Policy
in journal: European Labour Law Journal

Volume number: 7
Issue number: 3
Release year: 2016
Page range:

Author(s) details

Judit Baseiria Martí

Publication description

Link to the publication on the Publisher’s catalogue
migration, European Court of Human Rights, Religious Freedom
In light of recent European Court of Human Rights judgments concerning religious freedom at work, this article discusses the relationship between the growth of religious diversity and immigration within secular European trends. In the first part, the study deals with the extent of EU policy and law to protect the right to religious freedom of immigrants in terms of non-discrimination in employment, as a way of ensuring their social inclusion. Secondly, the article analyses the scope of Directive 2000/78 and especially the ECtHR case law, since in the past ten years cases under Article 9 ECHR – freedom of religion – have been constantly growing. A remarkable case is Eweida (2013), which relates to a conflict between religious symbols and work requirements. It supposes a shift in the doctrine of the Court towards the establishment of a reasonable accommodation requirement or a fully justified reason of labour demands, by which any possible limitation of religious freedom of an employee must be justified.