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13 January 2021 / John Bowers KC
Issue: 7916 / Categories: Features , Human rights , Discrimination
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Religious dress: human rights & discrimination

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

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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