| Tittel: | Religious Communities and Their Employees | | Ansvar: | Ola Johan Settem | | Forfatter: | Settem, Ola Johan  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Oslo law review | | Utgitt: | Oslo : Universitetsforlaget, 2022 | | Omfang: | S. 165–189 | | Serie: | Oslo law review ; 3/2022 | | Emneord: | Religionsfrihet / Vitenskapelig publikasjon | | Stikkord: | EMK / Luganokonvensjonen | | Geografiske emneord: | Norge | | Note: | Open access, Attribution 4.0 International (CC BY 4.0) | | Innhold: | Abstract
This article discusses the balance that must be struck, pursuant to the European Convention on Human Rights, between the right to autonomy of religious communities and the fundamental rights of the employees of such communities. A religious community can require at least some of its employees to show loyalty to the religious and moral doctrines of the community, but at the same time, such loyalty requirements can affect the fundamental rights of the employees, as when a religious community prohibits its clergy to marry. With regard to disputes concerning such loyalty requirements, the European Court of Human Rights has outlined a proportional balancing test. This article analyses the proportionality assessments conducted by the Court in respect of such disputes and aims to contribute to a more comprehensive and clearer understanding of various aspects of these assessments. The article also draws on case law of other international tribunals in respect of some of the questions to which religiously based loyalty requirements can give rise, in order to compare and contrast their approach with the approach of the European Court of Human Rights.
Keywords: religious liberty, religious communities, employee rights, conflict of rights
European Convention on Human Rights | | Del av verk: | Oslo law review 3/2022 |
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