||All England Reporter
|| All ER (D) 69 (Jan)
|| ECHR 48420/10
||European Court of Human Rights
Judge Thor Bjorgvinsson (President), Judges Bratza, Garlicki, Hirvela, Kalaydjieva, Vucinic and Gaetano, and L Eearly (Section Registrar)
||15 January 2013
Human rights - Religion - Direct and indirect discrimination - Employees devout practising Christians - Employees seeking exemption from uniform or equality policies on ground of religion - Whether employers' interference with employee's right to manifest religion and beliefs legitimate and proportionate - Employment Equality (Religion or Belief) Regulations 2003, - European Convention on Human Rights, art 9.
Human rights Religion. The European Court of Human Rights awarded 2,000 to an employee who had been required not to display a religious cross by her employer, an airline. It ruled that the interference with the employee's right to manifest her religion under art 9 of the European Convention on Human Rights was disproportionate despite the legitimate aim of her employer (in the form of its uniform policy). The Court dismissed a similar claim by a nurse because the hospital's health and safety policy was a stronger justification for the interference than the airline's uniform policy. It also dismissed claims for breaches of art 9 by a registrar who did not want to preside over civil partnerships and a relationship counsellor who disapproved of same-sex relationships; in the particular cases the legitimate aim of preventing discrimination on the ground of sexual orientation outweighed the right of the applicants to manifest their religious beliefs under art 9.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases