ISBN:
9781509904747
Language:
English
Pages:
xx, 202 Seiten
Additional Information:
Rezensiert in Renaud, Myriam [Rezension von: Hunter-Henin, Myriam, Why religious freedom matters for democracy] 2022
Series Statement:
Hart studies in comparative public law volume 26
Series Statement:
Hart studies in comparative public law
Parallel Title:
Erscheint auch als Hunter-Henin, Myriam Why Religious Freedom Matters for Democracy
Parallel Title:
Erscheint auch als Hunter-Henin, Myriam Why religious freedom matters for democracy
DDC:
342.4108/52
Keywords:
Freedom of religion
;
Freedom of religion
;
Religious minorities Legal status, laws, etc
;
Religious minorities Legal status, laws, etc
;
Frankreich
;
Großbritannien
;
Religiöse Minderheit
;
Religionsfreiheit
Abstract:
Introduction -- Contextual Analyses : Laïcité and the Democratic Vivre Ensemble -- Contextual Analyses : The English Experience of Vivre Ensemble -- Conceptual Framework : The Liberal Democratic Vivre Ensemble -- Lessons from Achbita -- Beyond Achbita : Possible Ways Forward -- Conclusion.
Abstract:
"Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases"--
Note:
Includes bibliographical references and index
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