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.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:lnu-108655 |
| Date | January 2021 |
| Creators | Karolak, Patrycja |
| Publisher | Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO) |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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