Person:
Relaño Pastor, Eugenia

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First Name
Eugenia
Last Name
Relaño Pastor
URI
https://hdl.handle.net/20.500.14352/76783
Affiliation
Universidad Complutense de Madrid
Faculty / Institute
Derecho
Department
Derecho Internacional, Eclesiástico y Filosofía del Derecho
Area
Derecho Eclesiástico del Estado
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    Towards substantive equality for religious believers in the workplace? Two supranational european courts, two different approaches
    (Oxford Journal of Law and Religion, 2016) Relaño Pastor, Eugenia
    This article focuses on the issue of reasonable accommodation in the workplace and offers some explanations for the different positions of the two European Supranational Courts. The author considers whether the non-discrimination standards of the Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) are similar and show difference in cases of alleged discrimination on grounds of sex, race, and/or religion in employment. With regard to reasonable accommodation of religious garments at the workplace, an incident of multiple and intersectional discrimination, it is argued that unlike the ECtHR, the CJEU may be more audacious in its assessment if the core interest of employment calls for better protection. As a result, conflicting judgments may come forth by the two Supranational Courts, which would affect legal certainty.