An Additional Protective Layer: The Case of Religious Discrimination in the United Kingdom and Germany
30 Pages Posted: 30 Aug 2013 Last revised: 29 Mar 2015
Date Written: August 29, 2013
This paper compares how two closely related remedies, freedom of religion and the belief discrimination, are applied by domestic courts in the United Kingdom and Germany. It concludes that the current practice of the courts in these two countries differs considerably and questions why that is so given that the courts in both countries operate under essentially the same European legal framework determined by the ECHR and the EU law. It is suggested that decision-making by domestic courts is still influenced by traditional domestic remedies and that domestic courts seem to find it difficult to adapt to new remedies. The article then gauges the potential for a common European approach, which, while theoretically possible, is unlikely to be triggered by either of the two European courts. This is because cases dealing with religion often touch on core constitutional values, which both courts usually respect.
Keywords: freedom of religion, belief discrimination, Germany, United Kingdom, EU anti-discrimination law
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