Religious Freedom Religious Discrimination and the Workplace

Author: Lucy Vickers
Publisher: Bloomsbury Publishing
ISBN: 1509902864
Format: PDF, Mobi
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This book considers the extent to which religious interests are protected at work, with particular reference to the protection against religious discrimination provided by the Equality Act 2010. 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 and belief. The book locates the debates surrounding religion and belief equality within a philosophical and theoretical framework in which the importance of freedom of religion and its role within the workplace are fully debated. This second edition is fully revised and updated in the light of recent case law from the UK and the European Court of Human Rights, which deals with religious discrimination and freedom of religion.

Religious Freedom Religious Discrimination and the Workplace

Author: Lucy Vickers
Publisher: Bloomsbury Publishing
ISBN: 1847314198
Format: PDF, Docs
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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.

Religion Equality and Employment in Europe

Author: Katayoun Alidadi
Publisher: Bloomsbury Publishing
ISBN: 1509911383
Format: PDF, ePub, Docs
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PRAISE FOR THE BOOK 'This book offers a comprehensive exploration of a traditionally neglected theme which is of great practical significance for the prosperous development of multi-religious societies. Alidadi presents an innovative combination of findings from different normative and empirical disciplines, particularly law and sociology, and offers critical contributions to central debates within legal theory, including on the meaning of State neutrality vis-à-vis religion, secularity, formal and substantive equality, diversity and multiculturalism …a 'must' for everyone in the future dealing with issues of religious freedom, tolerance or discrimination in the workplace.' Heiner Bielefeldt, Professor of Human Rights and Human Rights Policy at the University of Erlangen and Former UN Rapporteur on Freedom of Religion or Belief 'The workplace has become a site of tension for the relationship between religion and other claims of the liberal state, whether those be the rights of others or the economic imperatives of employers. Arguing for the introduction of the notion of 'reasonable accommodation' for the benefit of religious employees, she draws on a range of legal, theoretical and empirical sources to substantiate her claim that this is the best way for European countries to deal with the reality of religious pluralism. This work will become a significant reference point in this ongoing and important debate.' Carolyn Evans, Harrison Moore Professor of Law, Melbourne Law School 'In this major work of scholarship, which adds substantial insights to the blossoming field of law and religion at a critical time, Katayoun Alidadi shows undeniable courage in unambiguously advancing the idea that only a radical openness to religious and ideological diversity will enable European societies to ensure a prosperous, sustainable and economically competitive future in an increasingly mobile and globalised world.' From the foreword by Marie-Claire Foblets, Director of the Max Planck Institute for Social Anthropology, Halle, Germany '…a timely, expansive, and tremendously important book which offers a smart, sophisticated examination of divisive issues. Alidadi presents her thought-provoking argument in a balanced and compelling fashion.... The case for reasonable accommodation may very well provoke opposition in the current socio-political European context. But there can be no doubt that this rich study will have an impact on any future academic discussion on the accommodation of religious diversity in the workplace.' Rik Torfs, Professor of Canon Law and University Chancellor Catholic University of Leuven, Belgium 'Alidadi's work will rapidly emerge as the premier study of religion in the workplace. Drawing on extensive empirical and legal research, she provides a powerful analysis pointing to the crucial importance of reasonable accommodation as a vital solution not only in employment settings, but in the larger context of our increasingly diverse societies.' W. Cole Durham, Jr., Founding Director, International Center for Law and Religion Studies, Brigham Young University Law School 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.

Religious Expression in the Workplace and the Contested Role of Law

Author: Andrew Hambler
Publisher: Routledge
ISBN: 1317703111
Format: PDF, Kindle
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The workplace is a key forum in which the issue of religion and its position in the public sphere is under debate. Desires to observe and express religious beliefs in the workplace can introduce conflict between employees and employers. This book addresses the role the law plays in the resolution of these potential conflicts. The book considers the definition and underlying motives of religious expression, and explores the different ways it may impact the workplace. Andrew Hambler identifies principled responses to workplace religious expression within a liberal state and compares this to the law applying in England and Wales and its interpretation by courts and tribunals. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and asks whether there is a case for changing the law to strengthen that protection. The book will be of great use and interest to scholars and students of religion and the law, employment law, and religion and human rights.

The challenge of religious discrimination at the dawn of the new millennium

Author: Nazila Ghanea-Hercock
Publisher: Martinus Nijhoff
ISBN: 9789004136410
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The themes and issues explored in this book - religion, human rights, politics and society could not be more relevant to the post 11 September 2001 world. They lie at the heart of global political debate today. The collection explores these issues after the passing of just over two decades from the adoption of the United Nations Declaration on the Elimination of all Forms of Intolerance and Discrimination based on Religion or Belief. That declaration set out minimum international standards for the elimination of such discrimination. Sadly the challenge of intolerance on the basis of religion or belief continues to plague us, and tackling it seems to have become increasingly entrenched. The complexity of this phenomenon requires expertise from different quarters. This collection draws from diplomatic, activist and theological quarters and benefits from the analysis of scholars of law, history, religious studies and sociology. The ten chapters of this collection examine the relationship between human,rights, law and religion; offer a typology for the study of religious persecution; problematise the consequences flowing from religious establishment in religiously plural society; analyse the implications of the directions being taken by the jurisprudence of the European Court of Human Rights and the protections offered by the European Commission council Directive 2000/43/EC outlawing workplace discrimination; study the 1981 Declaration and its promotion through the work of the UN Special Rapporteur on Freedom of Religion or Belief; and explore the intricacies of this freedom in detail from within the context of the United Kingdom and The Netherlands.

Fundamental Rights in the EU

Author: Sonia Morano-Foadi
Publisher: Bloomsbury Publishing
ISBN: 1782258892
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This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR's interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice. This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the EU to the European Convention on Human Rights (ECHR) and considers the legal implications of the interactions of the two courts for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe. The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.

Religious Freedom in an Egalitarian Age

Author: Nelson Tebbe
Publisher: Harvard University Press
ISBN: 0674974891
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Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.

Spirituality Inc

Author: Lake Lambert
Publisher: NYU Press
ISBN: 0814752462
Format: PDF, ePub, Mobi
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Why Asia?: Contemporary Asian and Asian American Art is a ground-breaking investigation into two overlapping and rapidly emerging areas in contemporary art. Extricating them from their current confusion under a generic "Asian" label, Yang reveals the specificity of each. The book consists of lucid discussions on individual artists, exhibitions and theoretical issues. With over sixty illustrations it serves to introduce the current landscape of Asian and Asian American Art, with essays on art in China, Taiwan and North America, as well as individual essays on leading artists such as Rirkrit Tiravanija, Xu Bing and Michael Joo. Above all, Yang explores the challenges that contemporary Asian and Asian American art poses to artists, critics, curators and viewers alike. In particular, she reflects on the complexities of exhibition practice, the role of identity politics in arts, the unspoken assumptions of Western critics faced with Asian art, and the difficulties faced by artists working between cultures. This is a major critical contribution in an area where criticism conspicuously lags behind artistic practice.

The Price of Freedom Denied

Author: Brian J. Grim
Publisher: Cambridge University Press
ISBN: 1139492411
Format: PDF, ePub
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The Price of Freedom Denied shows that, contrary to popular opinion, ensuring religious freedom for all reduces violent religious persecution and conflict. Others have suggested that restrictions on religion are necessary to maintain order or preserve a peaceful religious homogeneity. Brian J. Grim and Roger Finke show that restricting religious freedoms is associated with higher levels of violent persecution. Relying on a new source of coded data for nearly 200 countries and case studies of six countries, the book offers a global profile of religious freedom and religious persecution. Grim and Finke report that persecution is evident in all regions and is standard fare for many. They also find that religious freedoms are routinely denied and that government and the society at large serve to restrict these freedoms. They conclude that the price of freedom denied is high indeed.