This article starts with an identification and appraisal of two key problems with the margin of appreciation doctrine of the European Court of Human Rights in general: in terms of having an international supervisory system, and in relation to the doctrine of legitimate limitations to human rights. Subsequentlly, the particular problems with the margin of appreciation doctrine has applied to church-state relations is focused upon. Thirdly, further zooming in, the special position of secularism and the protection of secularism as a legitimate aim of restrictions to the freedom to manifest one's religion is highlighted. The fourth part of the article proceeds with a critical analysis of the jurisprudence of the Court pertaining to religious diversity in the workplace. Finally, an appraisal is made of potential future developments or hope for the future in this respect.
|Title of host publication||Test of Faith? Religious Diversity and Accommodation in the European Workplace|
|Editors||M.C. Foblets, K. Alidadi, J. Vrielink|
|Place of Publication||Aldershot, UK|
|Number of pages||382|
|Publication status||Published - 2012|
|Series||Cultural Diversity and Law in Association with RELIGARE|