In a constitutionally secular
polity such as Barbados is, the individual freedom to manifest and propagate
one’s religion or belief in worship, teaching, practice and observance as
guaranteed by the state under section 19(1) of the Constitution is not thereby
entitled to any greater protection than any of the other guaranteed freedoms.
Nor, indeed, is any one of these freedoms absolute. As ought to be well
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A recent decision of the European Court Of Human Rights (ECHR) has re-affirmed this principle in the context of a matter involving four appellants, whose claims of religious discrimination had all been dismissed by the English courts. Two of these matters involved the wearing of an item of Christian religious jewellery in the form of a cross by the appellant employees,This guide can help you find the best websites available to buywatches online. which had resulted in their employers making employment decisions adverse to them.
The first, a British Airways (BA) employee, had been sent home from work because of her refusal to conceal the cross which she wore in breach of the company’s uniform code. She was later offered an administrative post that would not have required her to wear a uniform. However, she chose not to accept this offer and instead remained at home without pay for the next five months until BA amended its rules on uniform and allowed her to display the cross.
The central issue for the ECHR was whether the courts in England had complied with their positive obligation effectively to protect her right to manifest her religion under Article 9 of the European Charter. In other words, whether they had struck a fair balance between her desire and fundamental right to manifest her religious belief and the employer’s wish to project a certain corporate image.
In the opinion of the court, while BA’s aim was legitimate, it did not outweigh the employee’s fundamental right in this instance since there was no evidence that the wearing of other religious items by employees when it was previously allowed had had any negative impact on the company’s brand or image. Moreover, the fact that the company was able to amend later the uniform code to allow for the visible wearing of religious symbolic jewellery reinforced the point that the earlier bar was not of critical importance.
The second appellant did not enjoy similar success. She worked as a nurse in a geriatric word. The hospital’s uniform policy was based on guidance from the Department of Health and it forbade the wearing of necklaces so as to reduce the likelihood of injury when handling patients.
In 2007, after a change of uniform, her necklace became even more visible and the employee was asked to remove it. She refused and was moved to a non-nursing position. The industrial tribunal dismissed her complaint of discrimination by its finding that the health authority’s policy was proportionate to the aim pursued.
Here, the ECHR had to determine whether the interference with the acknowledged fundamental right of the employee was necessary in a democratic society and proportionate in pursuit of the stated aims of the impugned policy.
In its view, the hospital’s reason for asking her to remove the necklace with the cross was inherently of a greater magnitude than that which applied in respect of the BA matter and her appeal was dismissed.
These two matters reinforce the point that the exercise of a fundamentally guaranteed right in a society is a matter of balance or proportion. These factors in turn will depend on an assessment of what should obtain as a moral minimum in a democratic society such as ours.Find detailed product information for steelbangle truck and other products.
A recent decision of the European Court Of Human Rights (ECHR) has re-affirmed this principle in the context of a matter involving four appellants, whose claims of religious discrimination had all been dismissed by the English courts. Two of these matters involved the wearing of an item of Christian religious jewellery in the form of a cross by the appellant employees,This guide can help you find the best websites available to buywatches online. which had resulted in their employers making employment decisions adverse to them.
The first, a British Airways (BA) employee, had been sent home from work because of her refusal to conceal the cross which she wore in breach of the company’s uniform code. She was later offered an administrative post that would not have required her to wear a uniform. However, she chose not to accept this offer and instead remained at home without pay for the next five months until BA amended its rules on uniform and allowed her to display the cross.
The central issue for the ECHR was whether the courts in England had complied with their positive obligation effectively to protect her right to manifest her religion under Article 9 of the European Charter. In other words, whether they had struck a fair balance between her desire and fundamental right to manifest her religious belief and the employer’s wish to project a certain corporate image.
In the opinion of the court, while BA’s aim was legitimate, it did not outweigh the employee’s fundamental right in this instance since there was no evidence that the wearing of other religious items by employees when it was previously allowed had had any negative impact on the company’s brand or image. Moreover, the fact that the company was able to amend later the uniform code to allow for the visible wearing of religious symbolic jewellery reinforced the point that the earlier bar was not of critical importance.
The second appellant did not enjoy similar success. She worked as a nurse in a geriatric word. The hospital’s uniform policy was based on guidance from the Department of Health and it forbade the wearing of necklaces so as to reduce the likelihood of injury when handling patients.
In 2007, after a change of uniform, her necklace became even more visible and the employee was asked to remove it. She refused and was moved to a non-nursing position. The industrial tribunal dismissed her complaint of discrimination by its finding that the health authority’s policy was proportionate to the aim pursued.
Here, the ECHR had to determine whether the interference with the acknowledged fundamental right of the employee was necessary in a democratic society and proportionate in pursuit of the stated aims of the impugned policy.
In its view, the hospital’s reason for asking her to remove the necklace with the cross was inherently of a greater magnitude than that which applied in respect of the BA matter and her appeal was dismissed.
These two matters reinforce the point that the exercise of a fundamentally guaranteed right in a society is a matter of balance or proportion. These factors in turn will depend on an assessment of what should obtain as a moral minimum in a democratic society such as ours.Find detailed product information for steelbangle truck and other products.
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