The European Convention on Human Rights 4 November 1950

 
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The European Convention on Human Rights

4 November 1950

ARTICLE 9

  1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
  2. Freedom to manifest one’s religion or beliefs shall 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 the protection of the rights and freedoms of others.

 

Council Directive 2000/78/EC

27 November 2000

Establishing a general framework for equal treatment in employment and occupation

 

ARTICLE 2

Concept of discrimination

  1. For the purposes of this Directive, the “principle of equal treatment” shall mean that there shall be no direct or indirect discrimination whatsoever on any of the grounds referred to in Article 1.
  2. For the purposes of paragraph 1:

(a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on any of the grounds referred to in Article 1;

(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons having a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons unless:

(i) that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary, or

(ii) as regards persons with a particular disability, the employer or any person or organisation to whom this Directive applies, is obliged, under national legislation, to take appropriate measures in line with the principles contained in Article 5 in order to eliminate disadvantages entailed by such provision, criterion or practice.

 

The Employment Equality (Religion or Belief) Regulations 2003 [UK]

 

Discrimination on grounds of religion or belief

 

3.—(1) For the purposes of thes Regulations, a person (“A”) discriminates against another person (“B”) if—

 

(a)on grounds of religion or belief, A treats B less favourably than he treats or would treat other persons; or

 

(b)A applies to B a provision, criterion or practice which he applies or would apply equally to persons not of the same religion or belief as B, but—

 

(i)which puts or would put persons of the same religion or belief as B at a particular disadvantage when compared with other persons,

 

(ii)which puts B at that disadvantage, and

 

(iii)which A cannot show to be a proportionate means of achieving a legitimate aim.

 

(2) The reference in paragraph (1)(a) to religion or belief does not include A’s religion or belief.

 

(3) A comparison of B’s case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

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