Reasonable Accommodation: Faith and Judgment
18 Pages Posted: 4 Feb 2016
Date Written: February 2016
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
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