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(including job applicants) and the rights of customers or service users. The report
covers employment both in public institutions and the private sector, but does not
address the autonomy of religious or religion-inspired institutions.
25. The report addresses both direct and indirect forms of religion or belief -related
intolerance and discrimination in the workplace, examining existing gaps, efforts
and approaches, highlighting ongoing challenges and promoting policy options to
better protect religious manifestations in the workplace. It also assesses the role of
reasonable accommodation, both as a legal strategy and as a tool for managing
religion or belief-related diversity in the workplace.
1.
Work as a fundamental part of human life
26. For most employees the workplace has a significance that goes far beyond its
economic function. Besides providing an income, the workplace constitutes an
important part of an employee’s everyday life, with high relevance for individual
self-esteem, self-image, social connections and inclusion into community and
society at large. The workplace is furthermore a place in which many people
manifest their religious convictions — or wish to do so. For example, some
employees wear religious garments and perform their prayers at work. Members of
religious minorities may also ask for the possibility to abide by religiously
prescribed dietary rules or holidays. And occasionally employees refuse to perform
certain work-related activities which run contrary to their deeply held conscientious
convictions.
27. While in many cases religious manifestation at the workplace does not cause
any problems or is appreciated as a positive expression of diversity, there can also
be instances of resistance, confrontation and intolerance. Reluctant public and
private employers typically invoke issues of corporate identity, “neutrality”,
contract-based stipulations, customer-orientation, health and safety and the rights of
other staff members in order to prevent or restrict the open display of religious
identities at work. In other situations, only the followers of mainstream religions or
beliefs are granted an opportunity to manifest their convictions openly at the
workplace, while individuals belonging to minority communities, sceptics, atheists
or dissenters are forced to conceal their positions in order to avoid harassment by
colleagues, customers or employers. Additional problems can occur when members
of religious or belief minorities request seemingly “special treatment”, such as
exceptions from general rules, or when individuals object to performing certain
work-related activities which would go against their convictions. 4 Conflicts over
such issues may result in employee dismissals or in other forms of sanctions and
litigation. 5 At times, such conflicts can escalate into highly emotional debates
within, and even beyond, the workplace, risking stoking resentment against
religious or belief minorities.
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4
5
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For instance, doctors and nurses may refuse on conscientious grounds to be involved with
abortions; individuals working in the food or catering industry refuse to touch alcohol, pork or
other food.
See, for example, European Court of Human Rights in Eweida and Others v. United Kingdom
(applications Nos. 48420/10, 59842/10, 51671/10 and 36516/10), judgement of 15 January 2013.
14-58756