Religious Autonomy and Labour Law: A Comparison of Jurisprudence of the United States and the European Court of Human Rights

Oxford Journal of Law and Religion, Volume 1, Issue 1, 2012

U of Melbourne Legal Studies Research Paper No. 658

28 Pages Posted: 30 Aug 2013

See all articles by Carolyn M. Evans

Carolyn M. Evans

University of Melbourne - Melbourne Law School

Anna Hood

University of Melbourne - Melbourne Law School

Date Written: 2012

Abstract

This article examines the way in which the legal systems in two jurisdictions resolve the tension between the protection of the religious autonomy rights of religious employers and the labour law rights of their employees. In the United States, both the courts and the legislatures have been grappling with the issues raised by religious employment for many years. The European Court of Human Rights, by contrast, has only recently begun to see cases arising in this context, but it is now faced with the need to develop case law in this area very quickly in response to a growing number of cases. The complexity of the competing rights arguments has led each jurisdiction to some solutions that are not optimal and each could learn from the other in working towards more nuanced methods for resolving these legal disputes.

Keywords: religious authonomy, religious employers, labour law

JEL Classification: K00, K31

Suggested Citation

Evans, Carolyn M. and Hood, Anna, Religious Autonomy and Labour Law: A Comparison of Jurisprudence of the United States and the European Court of Human Rights (2012). Oxford Journal of Law and Religion, Volume 1, Issue 1, 2012; U of Melbourne Legal Studies Research Paper No. 658. Available at SSRN: https://ssrn.com/abstract=2317611

Carolyn M. Evans (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
613 8344 1102 (Phone)
613 8344 9900 (Fax)

Anna Hood

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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