Religion and unemployment benefits

2017 ◽  
Vol 8 (1) ◽  
pp. 67-95 ◽  
Author(s):  
Katayoun Alidadi
Keyword(s):  
Great Britain ◽  
Case Law ◽  
Employment Law ◽  
Limited Attention ◽  
Reasonable Accommodation ◽  
Unemployment Benefits ◽  
Religious Minorities ◽  
Religious Dress ◽  
Role Of Religion

When employees are dismissed or resign because of a conflict between their religion and job duties or expectations, how does this affect their claims to unemployment benefits? How do European countries address this question? The answer has significant consequences for many jobseekers and employees belonging to religious minorities and in many ways excluded from the mainstream labour market, yet the role of religion in the adjudication of European unemployment disputes has so far received limited attention. This article focuses on the role of religious dress in unemployment benefits disputes in Belgium, the Netherlands and Great Britain. It also assesses whether the messaging in relevant case law in the area of unemployment benefits has been sufficiently interlocking with employment law. Finding a level of disconnect, it is argued that an explicit duty of reasonable accommodation in employment would appropriately address the interplay between unemployment benefits and employment law in Europe.

Legal Pluralism and Reasonable Accommodation of Religious Diversity

2017 ◽  
Vol 24 (4) ◽  
pp. 467-483
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Religious Diversity ◽  
Legal Pluralism ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Private International Law ◽  
Public Discussion ◽  
Sharia Law

This article aims to address a number of distinct characteristics of the European debate on legal pluralism as a means for accommodating religious diversity and religious normative orders. In contrast with the us and Canada, where there is a long-standing and varied tradition in jurisprudence that underpins theoretical debates and proposals, European case law is characterised by the prominent role of private international law. Public discussion has also been highly influenced by the uk controversy surrounding the application of Sharia law in arbitration. This article explores how this background shapes the space for religious normative orders, their potential as a means of accommodating religious diversity and the reasons and challenges ahead in the move from private international law to constitutional law for pluralistic arrangements.

Litigating Religions

2018 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
Public Life ◽  
Religious Schools ◽  
Close Attention ◽  
Legal Context ◽  
Religious Dress ◽  
Key Aspects ◽  
Role Of Religion ◽  
Religion In Public Life

Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This essay presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. It examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights doctrine, including freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. This essay examines doctrinal developments in these areas, where standoffs between organized religions and human rights advocates in the courts have been common. The essay argues that, if we wish to establish a better dialogue between the contending views, we must first identify a set of recurring problems identifiable in such litigation. But to address these recurring problems requires more than simply identifying these problems and requires changes both in human rights theory and in religious understandings of human rights. The essay argues that, by paying close attention to developments in human rights litigation, we can make theoretical progress.

Minority Rights and the Constitutional Dilemmas of Pakistan

2001 ◽  
Vol 19 (4) ◽  
pp. 417-443
Author(s):  
Javaid Rehman
Keyword(s):  
Political History ◽  
Minority Rights ◽  
The State ◽  
Religious Minorities ◽  
The Past ◽  
Key Issues ◽  
Role Of Religion

Rights of religious minorities and the role of religion within the constitutional framework represent two key issues which have dominated Pakistan's fifty-four years of political history. This article analyses Pakistan's constitutional approaches towards its religious minorities. This analysis reveals that the State has been unable to establish a coherent constitutional framework in which to protect its religious minorities. Furthermore, as a consequence of politicisation of religion over the past three decades, Pakistan's religious minorities are increasingly being victimised and persecuted. The article identifies a number of laws and practices through which discrimination has been perpetuated and highlights the existing unfortunate situation of religious minorities within Pakistan.

Separation of Religion and State in Stable Christian Democracies: Fact or Myth?

2012 ◽  
Vol 1 (1) ◽  
pp. 60-94 ◽  
Author(s):  
Jonathan Fox
Keyword(s):  
Liberal Democracy ◽  
Religious Practices ◽  
Necessary Condition ◽  
Liberal Democracies ◽  
Religious Minorities ◽  
Political Concern ◽  
Religion And State ◽  
Definition Of ◽  
Role Of Religion

This study compares separation of religion and state (SRAS) as it is conceived in theory with its realization in practice in 40 stable Christian democracies between 1990 and 2008 based on data from the Religion and State Round 2 dataset. There is no agreement in the literature on how SRAS ought to be conceived. Many scholars argue that SRAS is a necessary condition for liberal democracies. The present study examines four models of SRAS found in the literature, and a non-SRAS model that addresses the appropriate role of religion in democracies: secularism-laicism, absolute SRAS, neutral political concern, exclusion of ideals, and acceptable support for religion. The study analyzes three factors: (a) whether the state supports one or some religions more than others; (b) the extent of religious legislation; and (c) restrictions on the religious practices and institutions of religious minorities. The analysis shows that depending on the definition of SRAS used, between zero and eight of the 40 countries practice SRAS. Based on this finding, I conclude that either SRAS is not a necessary condition for liberal democracy or many states commonly considered to be liberal democracies are not.

Religious Minority as a Source of National and State Identity: The Case of Slovakia

2021 ◽  
pp. 000842982110133
Author(s):  
Miroslav Tížik
Keyword(s):  
Religious Minority ◽  
State Identity ◽  
Religious Minorities ◽  
Slovak Population ◽  
National Movement ◽  
National Tradition ◽  
Catholic Religion ◽  
National Movements ◽  
Role Of Religion

In Central Europe, the role of religion in the creation of modern states has had many guises. In some predominantly Catholic countries, religious minorities have been an important source for national movements that sought emancipation from dominant political rule, which was often connected with the dominant (Catholic) religion. The article is focused on the case of Slovakia, where Lutherans, in spite of making up only a small proportion of the Slovak population, have been one of the two fundamental sources of the national movement for the last two centuries. It shows how the contemporary character of the state, society, and national identity and its relation to religion is influenced by the bi-confessionalism (dualism) of the Slovak national movement that was initiated by Slovak Lutherans in the eighteenth century. Although the Lutheran religious minority has been disappearing since 1990, the article shows how its heritage is still present in the character of contemporary institutions of national tradition and identity.

scholarly journals Do Not Cross the Line: The State Influence on Religious Education

2017 ◽  
Vol 12 (S1) ◽  
pp. S55-S78 ◽  
Author(s):  
Alberta Giorgi ◽  
Pasquale Annicchino
Keyword(s):  
Religious Education ◽  
Case Law ◽  
Structured Interviews ◽  
The Public ◽  
Windows Of Opportunity ◽  
European Court ◽  
Long Time ◽  
Grassroots Level ◽  
Role Of Religion

AbstractThe issues related to the role of religion in the public education system have been a public topic for a long time, and related debates have been cyclically revived by specific events. In this contribution, we explore the reasons why Italian grassroots actors do not tend to size up the European Court of Human Rights (ECtHR) jurisprudence and the plurality of juridical regimes dealing with religion and education as windows of opportunity. First, we analyze the intertwinement of different juridical regimes dealing with religion and education, and the national case law on the topic. Then, drawing on original semi-structured interviews, we analyze the indirect effects of the ECtHR case law on the mobilizations and advocacy strategies at the grassroots level around religion and education. Finally, we discuss the research outcomes, outlining how the non-interference of the Court in state-religions regimes may result in the limited impact and effectiveness of the Court's protection of religious freedoms.

scholarly journals A Crisis of Faith, Scary Popes, and William Gladstone

2019 ◽  
Vol 3 ◽  
Author(s):  
Josh Jackson ◽  
Class of 2018
Keyword(s):  
Nineteenth Century ◽  
Great Britain ◽  
Prime Minister ◽  
Common Life ◽  
William Gladstone ◽  
Crisis Of Faith ◽  
Faith Journey ◽  
Role Of Religion ◽  
Religion In Public Life

William Gladstone presided as Prime Minister of Great Britain on four separate occasions between 1868 to 1894. Gladstone was preoccupied both personally and politically with religion, and his personal faith journey reflected the larger crisis of faith occurring in Britain in the nineteenth century as secularism and urbanization began to erode the place of faith in common life. Many scholars have referred to this period as the “Victorian Crisis of Faith.” This paper examines his personal diaries and extensive writings to understand his zest for religion, primarily regarding the supposed papal aggression of 1850 in Great Britain and his personal faith crises. The significance of this paper is that it highlights how both personally and politically this key leader was working to understand the role of religion in public life in nineteenth-century Great Britain.  

Religion and Belief in United Kingdom Employment Law: An Introduction to the Case-Law

2017 ◽  
Vol 1 (3) ◽  
pp. 1-98
Author(s):  
Frank Cranmer
Keyword(s):  
United Kingdom ◽  
Religious Belief ◽  
Case Law ◽  
Employment Law ◽  
Recent Case ◽  
Religious Values ◽  
Religious Observance ◽  
The United Kingdom ◽  
Religious Dress

AbstractThe interactions between religious belief and employment law touch on a wide variety of issues, ranging from basic questions about the definitions of ‘religion’ and ‘belief’—and, indeed, of ‘employment’—to issues such as time off for religious observance, religious dress in the workplace and the extent to which an employer can impose its religious values on its workforce. This monograph looks at the major issues of religion in relation to employment law in the United Kingdom, primarily by reference to the recent case-law.

Religious Symbols and Garments in Public Places – a Theory for the Understanding of S.A.S. v France

ICL Journal ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Teresa Sanader
Keyword(s):  
Case Law ◽  
Public Places ◽  
Member States ◽  
Wide Margin ◽  
Religious Symbols ◽  
Theory Of Religion ◽  
Margin Of Appreciation ◽  
Depth Analysis ◽  
Role Of Religion

AbstractThis article analyses the ECtHR’s case law on Article 9 ECHR, with an emphasis on displaying religious symbols and garments in public places. It provides a theory for the better understanding of the ECtHR’s poor protection of individual believers and its defer­ence to the member states in the light of a wide margin of appreciation, the lack of a Eu­ropean consensus regarding the role of religion in society in the member states and the absence of an in-depth analysis of proportionality in these cases. With the exception of Ahmet Arslan v Turkey no violation was ever found in the context of religious dresses in public places. Therefore, the article offers an explanation for the Grand Chamber’s judg­ment of S.A.S. v France according to the theory of religion as an ‘adjudication stopper’ for the ECtHR and it argues that this latest judgment was not surprising but in line with the Court’s rather cautious approach.

The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update

2020 ◽  
Vol 25 (3) ◽  
pp. 12-19
Author(s):  
Justin D. Beck ◽  
Judge David B. Torrey
Keyword(s):  
Case Law ◽  
General Assembly ◽  
Disability Benefits ◽  
Permanent Disability ◽  
Sixth Edition ◽  
Legal Questions ◽  
The Supreme Court ◽  
Recent Edition ◽  
Impairment Ratings

Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

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