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Normkonflikt mellan religionsfriheten och arbetsgivarens fri- och rättigheter

The thesis aims to analyze the conflict of rights between the employer's right to prohibit religious manifestations in the workplace and the employee's religious freedom. The essay is written using the legal dogmatic method consisting of for example law, judicial principles, and court decisions. The protection of religious freedom and religion as a ground for discrimination is described in the thesis. Furthermore, the employer's rights are described, referring to the employer’s right to work management and freedom of trade. Through practice and the European convention on human rights (ECHR), it can be stated that religious freedom is not absolute, and it can be restricted. For a restriction to be justified, a legitimate purpose and a necessary and proportionate measure is required. What is defined as proportionate measures may differ between states regarding its Margin of Appreciation. It can as well be stated that there is a difference between manifesting religion by religious symbols and other forms of manifestation. Symbols are more visible and can therefore make a stronger first impression in the workplace.

Identiferoai:union.ndltd.org:UPSALLA1/oai:DiVA.org:lnu-108655
Date January 2021
CreatorsKarolak, Patrycja
PublisherLinnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO)
Source SetsDiVA Archive at Upsalla University
LanguageSwedish
Detected LanguageEnglish
TypeStudent thesis, info:eu-repo/semantics/bachelorThesis, text
Formatapplication/pdf
Rightsinfo:eu-repo/semantics/openAccess

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