PART THREE: PROTECTING MINORITY RIGHTS rather was a consultancy position to write a report for a United Nations body, a position for which she was qualified. The job had been advertised stipulating that the candidate should be a member of a Protestant church. Ms. Egenberger was shortlisted but not invited to a job interview. Evangelisches Werk für Diakonie und Entwicklung ultimately rejected Ms. Egenberger’s application for the position. Ms. Egenberger challenged the refusal before German courts, alleging that the selection process and related treatment was not compatible with the prohibition of discrimination on the basis of religion or belief and referred to the German General Law on equal treatment and the European Union Directive prohibiting discrimination in employment on grounds of religion or belief.1017 Evangelisches Werk für Diakonie und Entwicklung argued, inter alia, that religion was a legitimate occupational requirement, notwithstanding the lack of religious content relating to the position in question. The Berlin Labour Court held that Ms. Egenberger had been subject to discrimination but limited the compensation awarded in the case. The case was then referred to the Court of Justice of the European Union. PART THREE In April 2018, the Court of Justice of the European Union ruled in favour of Ms. Egenberger, holding, inter alia, that any religion or belief requirement must be proportionate. The self-perception of an organization is not sufficient in this regard.1018 3. Reasonable accommodation and religious practice Depending on the given religious or belief doctrine or practice – as well as the beliefs of the individual believer or practitioner – some religions or beliefs may include rules or practices that necessitate reasonable accommodation, particularly – although not exclusively – in the employment, education and health fields. Similarly, again depending on the community in question, its doctrine and the particular beliefs of the individual, a person may be entitled to “opt out” of certain practices. No discrimination should follow such practices. Failure to accommodate requests that do not result in discrimination against others will constitute discrimination. In a 2014 report to the Human Rights Council, the Special Rapporteur on freedom of religion or belief advocated to extend the provisions of reasonable accommodation – developed primarily within the ban on discrimination based on disability – to religious or belief minorities: At the level of specific institutions, a culture of trustful and respectful communication is needed in order to identify the specific needs of persons belonging to religious or belief minorities. … The enshrinement of the principle of reasonable accommodation in the Convention on the Rights of Persons with Disabilities should serve as an entry point for discussing the role of similar measures in other areas of combating discrimination, including on the grounds of religion or belief. Policies of eliminating discrimination cannot be fully effective unless they also contemplate measures of reasonable accommodation.1019 The Special Rapporteur recommended that States should “provide diversity training and advisory services for public and private employers concerning religious tolerance and non-discrimination in the workplace. This should include advice as regards policies of reasonable accommodation of religious and belief diversity in the workplace.”1020 Furthermore, policymakers, legislators and judges should treat claims of reasonable accommodation as an important part of combating discrimination based on religion or belief. Employers and others should be “encouraged to develop policies of reasonable accommodation of religious or belief diversity at the workplace in order to prevent or rectify situations of … discrimination and to promote diversity and inclusion”.1021 Moreover, “national human rights institutions should develop training programmes and an advisory function in this field.”1022 1017 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. 1018 Court of Justice of the European Union, Egenberger v. Evangelisches Werk für Diakonie und Entwicklung eV, Case C-414/16, Judgment, 17 April 2018. 1019 A/69/261, paras. 70–71. 1020 Ibid., para. 77. 1021 Ibid., para. 81. 1022 Ibid., para. 86. 147