CEU Electronic Theses and Dissertations, 2020
| Author | Januszczyk, Agnieszka |
|---|---|
| Title | How Far Is Too Far? A Critical Appraisal Of Exemptions For Religious Organizations From Non-Discrimination Principle in Employment. Europe and the US |
| Summary | With the expansion of equality law, religious autonomy became a subject of stricter scrutiny. The “how far is to far?” paradigm illustrates the ongoing academic discussion on the reasonableness and limits to religious autonomy. This work endeavors to provide a critical appraisal of the autonomy-equality nexus, with a particular focus on the tension between the autonomy of religious organizations and the principle of non-discrimination in employment. In doing so, a comparative analysis of the selected-case law of the European Court of Human Rights, the Court of Justice of the European Union, and the Supreme Court of the United States will be conducted and critically engaged with academic literature. This work argues that we are currently in medias res of the developments related to the autonomy-equality nexus. On the one hand, academic scholarship is divided on how to set boundaries for religious autonomy, and how to justify exemptions which religions are granted in an increasingly non-religious and egalitarian society. On the other hand, the courts’ jurisprudence concerning religious exemptions from the principle of non discrimination is in flux, with only a few criteria being set so far. |
| Supervisor | András Sajó |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2020/januszczyk_agnieszka.pdf |
Visit the CEU Library.
© 2007-2021, Central European University