Reasonable Accommodation: Faith and Judgment

18 Pages Posted: 4 Feb 2016

See all articles by Mark Hill QC

Mark Hill QC

University of Pretoria; Cardiff University

Date Written: February 2016

Abstract

This paper considers the approach of domestic courts and the European Court of Human Rights to the adjudication of religious liberty claims, contrasting them with the output of the United States Supreme Court. It questions the definition of religion and judicial illiteracy in faith based claims. It seeks to make take a fresh approach to such cases by recasting them as claims for freedom of conscience. It commends a nuanced application of the principle of reasonable accommodation.

Keywords: Religious liberty, freedom of conscience, Eweida, Equality Act

Suggested Citation

Hill QC, Mark, Reasonable Accommodation: Faith and Judgment (February 2016). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2016/07, Available at SSRN: https://ssrn.com/abstract=2727157 or http://dx.doi.org/10.2139/ssrn.2727157

Mark Hill QC (Contact Author)

University of Pretoria ( email )

Pretoria
South Africa

Cardiff University ( email )

Aberconway Building
Colum Drive
Cardiff, Wales CF10 3EU
United Kingdom

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