header-logo header-logo

Home Login E-newsletter About us
13 January 2021 / John Bowers KC
Issue: 7916 / Categories: Features , Human rights , Discrimination
printer mail-detail

Religious dress: human rights & discrimination

© Copyright LexisNexis 2026. All Rights Reserved.
35704
John Bowers QC examines the interaction between freedom of religion & discrimination in recent caselaw
  • In the discrimination law of the EU and the domestic law on which it is based, issues around religious dress arise most frequently as indirect discrimination.
  • Part 1 examines the background and early caselaw on the subject.

The European Court of Human Rights (ECtHR) has frequently emphasised that freedom of religion under Art 9 of the European Convention on Human Rights (ECHR) is ‘one of the foundations of a “democratic society”... [and] one of the most vital elements that go to make up the identity of believers and of their conception of life’ (Kokkinakis v Greece (1993) 17 EHRR 397, para [31]). In Australia, Mason ACJ said in Church of The New Faith v Commissioner For Pay-Roll Tax 1982 154 CLR 120: ‘Freedom of religion is the paradigm and freedom of conscience is the essence of a free society.’

It is instructive to see whether these ample assertions are borne

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Speechlive LogoClick to know more
Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
Read All
NLJ this week: Auditors tighten the disclosure screws
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
NLJ this week: Telecoms tenants caught in a legal gap
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
NLJ this week: Due process holds the line

Safety fears do not automatically justify shutting an interested person out of a statutory will application

NLJ this week: Credit law’s regulatory reset
Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
NLJ this week: Employment law’s four-point check
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Copyright © 2026 LexisNexis
back-to-top-scroll