Freedom of Religion, Religious Employment, and Conflicts of Rights: Europe at a Crossroads
In: Journal of Law, Religion and StateSearch for other papers by María-José Valero-Estarellas in
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Abstract
Religious communities and churches have traditionally been significant sources of employment. Many European countries have found ways to integrate into their legal systems particularities of religious employment that are alien to other areas of labor law. Until recently, constitutional courts have been reluctant to question the right of churches to define the occupational requirements of their secular employees, but the recognition of church autonomy in religious employment has not been straightforward in the European Court of Human Rights and the Court of Justice of the European Union.
This paper provides some reflections on where Europe may be headed in this field, and whether well-tested principles, such as denominational neutrality, may offer some insight on how to address the still unresolved conflict between important human rights: freedom of religion and the right to autonomy of religious employers, and the individual fundamental freedoms of their employees.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 622 | 254 | 32 |
| Full Text Views | 46 | 1 | 0 |
| PDF Views & Downloads | 79 | 5 | 0 |
Freedom of Religion, Religious Employment, and Conflicts of Rights: Europe at a Crossroads
In: Journal of Law, Religion and StateSearch for other papers by María-José Valero-Estarellas in
Current site
Google Scholar
PubMed
Abstract
Religious communities and churches have traditionally been significant sources of employment. Many European countries have found ways to integrate into their legal systems particularities of religious employment that are alien to other areas of labor law. Until recently, constitutional courts have been reluctant to question the right of churches to define the occupational requirements of their secular employees, but the recognition of church autonomy in religious employment has not been straightforward in the European Court of Human Rights and the Court of Justice of the European Union.
This paper provides some reflections on where Europe may be headed in this field, and whether well-tested principles, such as denominational neutrality, may offer some insight on how to address the still unresolved conflict between important human rights: freedom of religion and the right to autonomy of religious employers, and the individual fundamental freedoms of their employees.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 622 | 254 | 32 |
| Full Text Views | 46 | 1 | 0 |
| PDF Views & Downloads | 79 | 5 | 0 |
