Publication details

Nerovné zacházení z důvodu náboženského vyznání nebo víry v zaměstnání před SDEU

Title in English Unequal Treatment on the grounds of Religion or Belief in Employment before the ECJ
Authors

KOMENDOVÁ Jana

Year of publication 2019
Type Article in Proceedings
Conference Opus laudat artificem - Pocta prof. JUDr. Helene Barancovej, Dr.Sc.
MU Faculty or unit

Faculty of Law

Citation
Keywords Religion; belief; freedom of thought; freedom to manifest the religion or belief; workplace; religious accommodation; termination of an employment relationship; direct discrimination; indirect discrimination
Description The paper is dedicated to interpretation of the right to equal treatment between persons irrespective to their religion or belief in employment and occupation in the case-aw of the ECJ. This right is closely related to the freedom of thought, conscience and religion guaranteed by international conventions on protection of human rights and fundamental freedoms and constitutional law of many EU Member States. Moreover, the paper analyses exceptions from the principle of non-discrimination based on religion or belief stipulated by EU law with respect to the right of churches and religious groups to self-determination. The last part of the paper focuses on accommodation of working time to needs of employees who are members of selected churches with respect to the principle of equal treatment in employment and occupation.

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