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Human rights—Religion—Employment

25 January 2013
Issue: 7545 / Categories: Case law , Law reports , In Court
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Eweida and others v United Kingdom (App. Nos. 48420/10, 59842/10, 51671/10 & 36516/10)

European Court of Human Rights, Judge Thor Bjorgvinsson (president), Judges Bratza, Garlicki, Hirvela, Kalaydjeva, Vucinic and Gaetano, & L Early (section registrar), 4 September & 11 December 2012, 15 February 2013

The European Court of Human Rights (ECtHR) has reviewed the application of the right to manifest one’s religion under Art 9 of the European Convention on Human Rights in an employment context. As a general approach, where an individual complains of a restriction on freedom of religion in the workplace, rather than holding that the possibility of changing job would negate any interference with that right, the better approach is to weigh that possibility in the overall balance when considering whether or not the restriction was proportionate. The court has also stressed the margin of appreciation to be afforded to member states in carrying out that balancing exercise, when finding in favour of one applicant who had been precluded from wearing a cross at work, but not in favour of a second

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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