Religion, Children and Employment: The Baby Loup Case

International Comparative Law Quarterly, July 2015

16 Pages Posted: 7 Jul 2015

See all articles by Myriam Hunter-Henin

Myriam Hunter-Henin

University College London - Faculty of Laws

Date Written: April 20, 2015

Abstract

The aim of this article is to offer a systematic analysis of the French Cour de cassation’s plenary Chamber final decision on the Baby Loup case in which it was held that a private nursery had lawfully required one employee to remove her jilhab at work, in accordance with the general religious neutrality requirements contained in the nursery’s policy. The article examines the decision in light of ECtHR and French domestic legal requirements. First, I argue that laïcité – rightly – held to be irrelevant still unduly taints the reasoning. As a result, proportionality and anti-discrimination provisions are not properly applied. Secondly, I compare and contrast the decision to recent ECtHR cases, notably to Eweida and Others v UK. I argue that a Baby Loup-type restriction does not meet ECHR standards. Besides, the margin of appreciation, recently used by the ECtHR to save the French ban on the full-covering of the face in the SAS case, is unlikely, as will be demonstrated, to come into play in a Baby Loup context.

Keywords: laïcité, proportionality, discrimination, Article 9 ECHR, children's freedom of conscience, margin of appreciation

Suggested Citation

Hunter-Henin, Myriam Caroline, Religion, Children and Employment: The Baby Loup Case (April 20, 2015). International Comparative Law Quarterly, July 2015. Available at SSRN: https://ssrn.com/abstract=2626417

Myriam Caroline Hunter-Henin (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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