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ECHR rules on Religious Discrimination

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15 January 2013

ECHR rules British Airways employee victim of Religious Discrimination

Judges at the European Court of Human Rights have ruled that Nadia Eweidas rights were violated under Article 9 of the European Convention on Human Rights.

Article 9 provides a right to freedom of thought, conscience and religion including a right to manifest a religion. One may freely manifest their religion or belief as long as it is not contrary to public order and safety, health and morals and the rights and freedoms of others.

The employee took her case to the ECHR after her employer prohibited her from wearing her cross necklace in a way that made it visible to others. BA made changes to their uniform policy back in 2007 to allow Nadia and others to wear symbols of their faith, hence employees have been working under these conditions since then.

The judgement handed down by the ECHR has given considerable discretion to employers to enable them to set policies for employees to follow whilst in the workplace.

The Archbishop of York commented on the case stating:- people of all faiths should be free to wear the symbols of their religion without discrimination, it is not obligatory for Christians to wear the a cross but they should be free to show their love for Jesus in this way if they so wish.

He added: The Equality Act 2010 encourages employers to promote diversity, whether people can wear a cross or pray together is not something courts and tribunals should have to rule upon-.

In an increasingly secular society, the judgement is an encouraging step as it ensures those practising one of the worlds major religions, freedom from discrimination in the workplace to a further degree.

By Rehana Ali, a paralegal at Lawdit that can be contacted at rehana.ali@lawdit.co.uk


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2013-02-27 09:06:37 in Legal Articles

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