Wearing Religious Symbols

Ian Loveland (ed.) British and Canadian Public Law in Comparative Perspective (Hart 2021)

28 Pages Posted: 24 Apr 2024

Date Written: April 5, 2024

Abstract

This chapter, published in Ian Loveland (ed) British and Canadian Public Law in Comparative Perspective (Hart 2021), explores the Canadian and British approaches, under the Charter of Rights and Freedoms and the Human Rights Act respectively, to wearing religious symbols in public. It focuses on three issues: first, what kind of religious beliefs may support a claim for exemptions from prohibitions on wearing religious symbols; second, the reasons invoked by the government for imposing the prohibitions and the way courts have conducted the balancing exercise between religious freedom and governmental interests; and third, the concepts of neutrality and secularism in cases concerning public officials who wish to wear religious symbols while on duty. This discussion helps to bring into focus the normative assumptions underlying judicial rulings in Canada and Britain and the way those rulings reflect broader societal attitudes to religion.

Keywords: religious symbols; freedom of religion; neutrality; secularism; Human Rights Act; Charter of Rights and Freedoms; free exercise of religion; judicial review

JEL Classification: K10

Suggested Citation

Hatzis, Nicholas, Wearing Religious Symbols (April 5, 2024). Ian Loveland (ed.) British and Canadian Public Law in Comparative Perspective (Hart 2021), Available at SSRN: https://ssrn.com/abstract=4780373

Nicholas Hatzis (Contact Author)

University of Nottingham ( email )

University Park
Nottingham, NG8 1BB
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
31
Abstract Views
91
PlumX Metrics