THE FREQUENT COLLISION BETWEEN THE RIGHT TO RELIGIOUS LIBERTY AND BUSINESS INTERESTS IN A MULTICULTURAL SOCIETY

• Main Author: Manuela Durán-Bernardino
• Format: Article
• Language: English
• Published: Universidad de Granada 2017-06-01
• Series: Modulema
• Subjects: libertad religiosa; relación laboral; discriminación; migración
• Online Access: https://revistaseug.ugr.es/index.php/modulema/article/view/6451

The use of the Islamic veil in the workplace continues to be the subject of debate in Europe. What is new is that the Court of Justice of the European Union has recently endorsed the possibility of companies banning the use of the Islamic handkerchief during working hours, when it considers that such a ban "does not constitute direct discrimination on the grounds of religion or belief". The objective of this paper is to address the problem of the use of religious or political symbols in the workplace, in the context of an increasingly heterogeneous and plural society. To this end, a study will be made of the existing framework legislation at European level on the protection of the right of everyone to equality before the law and to be protected against discrimination. Secondly, an analysis of the case law of the Court of Justice of the European Union, paying particular attention to the judgments of 14 March 2017, which the European Court endorses to prohibit the visible use of any political sign , Philosophical or religious. Finally, the importance of the bases established by scientific and jurisprudential doctrine will be addressed in the face of the challenge of resolving internal conflicts between the right to religious freedom of workers and business interests within the framework of labor relations.This study has the necessary revision of European positive law and the follow up of the opinions that have been spilled from the doctrinal perspective.