La conviction religieuse et la conciliation des droits fondamentaux en droit civil allemand
As a constitutional value, freedom of religion needs to be taken into account in private law relationships through the application of general clauses. Particularly in labor law, the Churches’ right to self-determination must be weighed against the fundamental rights of their employees in order to de...
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| Format: | Article |
| Language: | English |
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Presses universitaires de Strasbourg
2019-05-01
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| Series: | Revue du Droit des Religions |
| Online Access: | http://journals.openedition.org/rdr/293 |
| Summary: | As a constitutional value, freedom of religion needs to be taken into account in private law relationships through the application of general clauses. Particularly in labor law, the Churches’ right to self-determination must be weighed against the fundamental rights of their employees in order to define and balance their obligations of loyalty. Similarly, individual freedom of religion may conflict with a co-contractor’s fundamental rights, especially in labor law and tenancy law. In general, the courts and especially the Bundesverfassungsgericht attach greater importance to freedom of religion than to conflicting interests, although this does not exclude that these prevail in specific cases. |
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| ISSN: | 2493-8637 2534-7462 |