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Religion, human rights, and the workplace : judicial balancing in the United States federal courts and the European Court of Human Rights

Title
Religion, human rights, and the workplace : judicial balancing in the United States federal courts and the European Court of Human Rights / Gregory Mose.
ISBN
1003392059 (electronic bk.)
9781003392057 (electronic bk.)
1032490667
1032490683
9781032490663
9781032490687
Publication
Abingdon, Oxon ; New York, NY : Routledge, Taylor & Francis Group, 2024.
Copyright Notice Date
©2024
Physical Description
1 online resource (xiv, 275 pages.)
Local Notes
Access is available to the Yale community.
Notes
Based on author's thesis (doctoral - Aix-Marseille Université and Universität Hamburg, 2021) issued under title: Transatlantic perspectives on proportionality in religious liberty cases : the United States and the European Court of Human Rights.
Description based on print version record.
Access and use
Access restricted by licensing agreement.
Summary
"Religious freedom is a fundamental and relatively uncontested right in both the United States and Europe. But other values like equality, justice, and the right to a private life are just as precious. Managing such conflicts has become a highly contested and politicized area of law and nowhere are such conflicts more evident, or more challenging, than those arising in the workplace. By comparing United States Federal courts' approach to free exercise in the workplace with that of the European Court of Human Rights, this book explores two very different methodologies for adjudicating rights conflicts. In examining methods and results, case by case, issue by issue, and addressing each step of the analytical processes taken by judges, it becomes apparent that the United States has lost its way in the quest for equality and justice. It is argued here that while the European approach has its own flaws, its proportionality approach may offer vital lessons for United States practice. The book will make compelling reading for researchers, academics, and policy-makers working in the areas of Law and Religion, Human Rights Law, Constitutional Law, and Comparative Law"-- Provided by publisher.
Variant and related titles
Taylor & Francis. EBA 2024-2025.
Other formats
Original
Format
Books / Online
Language
English
Added to Catalog
August 08, 2024
Series
ICLARS series on law and religion.
ICLARS series on law and religion
Bibliography
Includes bibliographical references and index.
Contents
Introduction : two traditions of balancing rights
The first freedom : religious free exercise in US federal courts
Tiered review in US religious freedom cases
Religious freedom in the European Court of Human Rights
The mechanics of European proportionality analysis
Religious conflicts in the workplace : symbols, speech, and moral complicity
Religious freedom and three types of employer
Assessing religious burdens and state interests
Balancing religious imperatives and secular rights
Conclusion : the price of free exercise.
Citation

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