Is religion a threat to human rights? Or is it the other way around? Defending individual autonomy in the ECtHR’s jurisprudence on freedom of religion

Paulo Pinto de Albuquerque, Andrea Scoseria Katz

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

2 Citations (Scopus)

Abstract

The problem of discrimination in the name of religion is particularly acute in Germany where the churches and their organizations are the second largest employer after the public service. This chapter analyses to what extent religion can be invoked to curtail individual rights under ilo Convention No. 111 of 1958 concerning discrimination in respect of employment and occupation, which aims, inter alia, at eliminating discrimination based on religion. The convention contains a provision defining what does not constitute discrimination. It builds on the inherent requirements of a particular job. According to the case-law of the ilo supervisory bodies, there are very few instances that come within that exception. The approach of ilo Convention No. 111 is compared to that of Council Directive 2000/78/ec of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and to case-law of the European Court of Human Rights. It turns out that the protection against discrimination in the name of religion provided by ilo Convention No. 111 is more comprehensive than that conferred by Council Directive 2000/78/ec, while the approach of the European Court of Human Rights is in line with the convention.

Original languageEnglish
Title of host publicationReligion and international law
Subtitle of host publicationliving together
EditorsRobert Uerpmann-Wittzack, Evelyne Lagrange, Stefan Oeter
Place of PublicationLeiden
PublisherBrill
Pages277-293
Number of pages17
ISBN (Electronic)9789004349155
ISBN (Print)9789004349148
DOIs
Publication statusPublished - 23 Aug 2018

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