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society at large. 22 It should be reiterated that religious institutions may require a
different assessment in this regard, since their corporate identi ty is religiously
defined from the outset.
(e)
Risk of conflicts in the workplace?
58. Measures of reasonable accommodation in the workplace are not always popular
among staff and can lead to tensions, sometimes based on (mis)perceptions that
members of minorities receive a “privileged” treatment. As briefly mentioned
previously, this is a misunderstanding, because reasonable accommodation
presupposes a more demanding concept of complex equality. However, instead of
dispelling such misunderstandings among their staff, some employers resort to
policies of “abstract conflict prevention” by refusing to even consider measures of
reasonable accommodation in the first place. Such restrictive policies often lack any
realistic risk-analysis. The mere possibility — perhaps even a far-fetched one — that
such conflicts could hypothetically emerge, is taken as a pretext to reject any
accommodation of diversity in the workplace. However, the resulting restrictive
policies may amount to undue limitations of the freedom to manifest one’s religion or
belief. As elaborated previously, the imposition of limitations always requires precise
empirical and normative arguments, in compliance with article 18, paragraph 3, of the
International Covenant on Civil and Political Rights, as well as all other relevant
international human rights norms.
(f)
Undue economic and managerial burdens?
59. Perhaps the most widespread objection to measures of accommodation
concerns anxieties of possibly far-reaching economic or managerial consequences.
However, already the definition of reasonable accommodation in the Convention on
the Rights of Persons with Disabilities makes it clear that measures of
accommodation should not amount to a “disproportionate or undue burden” for the
respective institution. Depending on the specific context, this provision can serve as
an argument for rejecting too far-reaching requests for accommodation, if they are
likely to cause disproportionate economic or other costs. However, such rejection
should always be concrete and confined to specific cases. A broadly applied
“preventative” strategy which, with regard to merely hypothetical costs and
complications, would deny any discussion of accommodation in the first place
would be illegitimate. Moreover, experience shows that in many cases measures of
accommodation are nearly or totally cost-free. 23 Rejecting accommodation would
thus be “unreasonable” even in a narrow economic understanding of reasonableness.
In the long run, measures of accommodation can even have positive economic
__________________
22
23
18/23
See also the Human Rights Committee’s decision on admissibility in the case of Riley et al. v.
Canada (CCPR/C/74/D/1048/2002, para. 4.2: “The Committee has noted the authors’ claims
that they are victims of violations of articles 3, 9, paragraph 1, 18, 23, paragraphs 3 and 4, 26,
and 2, paragraph 1, because Khalsa Sikh officers of the RCMP [Royal Canadian Mounted
Police] are authorised to wear religious symbols as part of their RCMP uniform. […] The
Committee is of the view that the authors have failed to show how the enjoyment of their rights
under the Covenant has been affected by allowing Khalsa Sikh officers to wear religious
symbols.”).
See Marie-Claire Foblets and Katayoun Alidadi, eds., “Summary report on the RELIGARE
Project: Religious Diversity and Secular Models in Europe — Innovative Approaches to Law
and Policy”, (summer 2013), p. 13. Available from www.religareproject.eu/system/files/
RELIGARE%20Summary%20Report_0.pdf.
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