Mark Hill QC considers the “reasonable accommodation” of religious belief in UK law
The eagerly awaited judgment of the European Court of Human Rights (ECtHR) in Eweida and Others v The United Kingdom (App Nos 48420/10, 59842/10, 51671/10 and 36516/10) has sparked considerable media attention. So much so, that the legal principles involved and their nuanced application to an increasing corpus of faith-related litigation may have been lost.
The judgment related to two pairs of cases. The first concerned a British Airways employee and a nurse who both complained that dress codes at their respective places of work prevented them from openly wearing a small cross on a chain around their necks. In the second pair, a registrar of marriages and a relationship counsellor refused to offer their services to same-sex couples on the basis that a homosexual lifestyle was incompatible with their religious beliefs. All four applicants took their case to Strasbourg for oral argument.
Good news for religious liberty
In three seemingly modest, but practically highly significant ways, the judgment
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