Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC

Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC

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This submission traces the scope of the religious exemptions for religious organisation both under the Irish Employment Equality Acts 1998–2011 at national level and under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC of November 2000, at EU level. It will be demonstr...

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Bibliographic Details
Main Author: Amy Dunne
Format: Article
Language:English
Published: Ubiquity Press 2015-08-01
Series:Utrecht Journal of International and European Law
Subjects:
EU employment equality
Irish Employment Acts
Directive 2000/78/EC
Religious exemptions
Organisations
Online Access:http://www.utrechtjournal.org/articles/189
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spelling doaj-18f68e1bbcfc4f33893aba23be4260512020-11-24T23:52:43ZengUbiquity PressUtrecht Journal of International and European Law2053-53412015-08-013181334510.5334/ujiel.dh106Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/ECAmy Dunne0External PhD Candidate in International Antitrust Law, Leiden University (the Netherlands).This submission traces the scope of the religious exemptions for religious organisation both under the Irish Employment Equality Acts 1998–2011 at national level and under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC of November 2000, at EU level. It will be demonstrated that the Irish religious exemptions are broader in scope than those at EU level and therefore constitute a severe limitation on the equality rights of Irish citizens falling within protected grounds of non-discrimination other than religion or belief under the EU Employment Equality Directive. Special regard is had to the limitation of the rights of Irish citizens falling within the protected ground of non-discrimination on the basis of sexual orientation. It is considered whether, by allowing overly broad exemptions to subsist beyond the exigencies of a strict proportionality test, the Irish State is in effect giving efficacy to the typified intolerance between religions organisations and the LGBT community and in so doing, contributing to the perpetuation of these intolerances in Irish society rather than their erosion.http://www.utrechtjournal.org/articles/189EU employment equalityIrish Employment ActsDirective 2000/78/ECReligious exemptionsOrganisations
collection DOAJ
language English
format Article
sources DOAJ
author Amy Dunne
spellingShingle Amy Dunne
Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC
Utrecht Journal of International and European Law
EU employment equality
Irish Employment Acts
Directive 2000/78/EC
Religious exemptions
Organisations
author_facet Amy Dunne
author_sort Amy Dunne
title Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC
title_short Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC
title_full Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC
title_fullStr Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC
title_full_unstemmed Tracing the Scope of Religious Exemptions under National and EU Law: Section 37(1) of the Irish Employment Equality Acts 1998–2011 and Ireland’s Obligations Under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC
title_sort tracing the scope of religious exemptions under national and eu law: section 37(1) of the irish employment equality acts 1998–2011 and ireland’s obligations under the eu framework directive on employment and occupation, directive 2000/78/ec
publisher Ubiquity Press
series Utrecht Journal of International and European Law
issn 2053-5341
publishDate 2015-08-01
description This submission traces the scope of the religious exemptions for religious organisation both under the Irish Employment Equality Acts 1998–2011 at national level and under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC of November 2000, at EU level. It will be demonstrated that the Irish religious exemptions are broader in scope than those at EU level and therefore constitute a severe limitation on the equality rights of Irish citizens falling within protected grounds of non-discrimination other than religion or belief under the EU Employment Equality Directive. Special regard is had to the limitation of the rights of Irish citizens falling within the protected ground of non-discrimination on the basis of sexual orientation. It is considered whether, by allowing overly broad exemptions to subsist beyond the exigencies of a strict proportionality test, the Irish State is in effect giving efficacy to the typified intolerance between religions organisations and the LGBT community and in so doing, contributing to the perpetuation of these intolerances in Irish society rather than their erosion.
topic EU employment equality
Irish Employment Acts
Directive 2000/78/EC
Religious exemptions
Organisations
url http://www.utrechtjournal.org/articles/189
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