The right to respect for private life, as guaranteed by Article 8 of the European Convention on Human Rights, encompasses not only the physical and moral integrity of the individual, but also the right to identity and personal self-determination.<\/span> Choices about appearance and the wearing of certain items of clothing, whether in public or private, are an expression of one’s personality, and therefore of private life within the meaning of article 8 of the ECHR.<\/span> Religious symbols are an integral part of the identity of those who wear them.<\/span><\/p>\n The wearing of religious symbols is also protected by the fundamental right to freedom of worship, which concerns both personal conviction and the appearance that manifests membership of a religion.<\/span><\/p>\n Discrimination, whether direct or indirect, on the grounds of real or assumed religious affiliation, is prohibited by numerous national, European and international laws.<\/span><\/p>\n Freedom of worship and the prohibition of religious discrimination are guaranteed, within certain limits, by Articles 9 and 14 of the European Convention on Human Rights (ECHR). <\/span><\/p>\n In accordance with article 9-2 of the ECHR, <\/span>“the freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.<\/span><\/i> “. <\/span> <\/p>\n Consequently, a private company cannot, a priori, discriminate directly or indirectly against an employee wearing a headscarf in the context of their employment relationship.<\/span><\/p>\n According to the European Court of Human Rights, ” <\/span>pluralism, tolerance and openness<\/span><\/i> “characterize a <\/span>democratic society<\/span><\/i> “. Admittedly, a balance must sometimes be struck between interests that may clash, but this does not mean that the majority opinion can have an impact on the practice of a person who makes religion a major focus of his or her life, who may ” <\/span>to be able to communicate their convictions to others<\/span><\/i> “.<\/span><\/p>\n A balance of interests must therefore be struck between employees’ religious freedom and the needs of the company. <\/span><\/p>\n In this case, Marie’s company introduced the principle of neutrality in its internal rules for all employees, and only with regard to the exercise of religious freedom. <\/span><\/p>\n In Belgium, neutrality may apply, under certain conditions, to employees who are required to adopt a neutral attitude when carrying out their duties. This means that they must refrain from publicly expressing their political, religious or philosophical convictions in the course of their work. This restriction applies to the expression of all beliefs. <\/span><\/p>\n For private structures, the <\/span>Court of Justice of the European Union clarifies the framework. A private company could provide for restrictions on the wearing of religious symbols under certain conditions, notably taken up by two rulings of March 14, 2017, framing the insertion of a neutrality clause in the internal regulations of a private company. <\/span><\/p>\n Source : <\/b><\/p>\n A ready-to-wear retailer introduces a neutrality clause in its internal regulations, prohibiting only the wearing of religious symbols by all its employees. Marie, who has worked in the accounts department for four years, is directly affected by this new clause because she wears a headscarf for religious reasons. What does the law say? The right […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[437,436],"tags":[],"class_list":["post-5706","post","type-post","status-publish","format-standard","hentry","category-belgium-en","category-legal-en"],"yoast_head":"\n\n
What should I do?<\/h4>\n
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APPLICABLE REFERENCES<\/h4>\n
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