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25 January 2013
Issue: 7545 / Categories: Case law , Law reports , In Court
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Human rights—Religion—Employment

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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