Religionsfrihet: En studie av diskrimineringsförbud i arbetslivet
2019 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE credits
Student thesisAlternative title
Freedom of religion : A study of prohibition of discrimination in work life (English)
Abstract [en]
Societies in Europe have become more diverse and multicultural. Sweden is a prime example of a multicultural country where religious diversity has come to lead to new and challenging situations. Despite the subject of religious freedom being a rather new topic, it has been an increasingly debated matter due to Sweden’s open migration policy, resulting in an influx of migrants from different parts of the world. In relation to the matter, it is not unusual that the problem increases when individuals with different religious backgrounds is to live side by side in a society based on the fundamentals of Christian values and secularity. The purpose of this study is to highlight issues that may arise between employers and employees in today´s multicultural Sweden. The study shows that the possibility of practicing religion in the context of employment is very limited. It also shows that the individual’s interests may give way to the employer’s interests.
The right to freely choose religion is considered a basic human right and should prevail in all parts of society. The freedom of religion has a widespread protection that is regulated in article 9 in the European Convention on Human Rights and is also found in national law. In Sweden, religious freedom is regulated in the Swedish Constitution and is also regulated in form of a prohibition of discrimination in the Discrimination Act.
Employers are obligated to make sure the work environment are suitable for employees regardless religious or other beliefs while making sure to not restrict other individual’s religious freedom, all this through active measurements. The right to be without belief or other beliefs for that matter should be taken into account just as much as the right in having a religious conviction.
This essay aims to shed light on the problems that can arise in a work environment between employer and employee when the later claims his right to religious freedom. The focal point of the problems is the right to wear religious garment or symbols and the refusal of carrying out duties based on religious beliefs. The possibility of freely practicing their religion confined within working life due to for example patient security, which can come to weigh in heavier than the individual's right to exercise their religious convictions.
By a presentation of different case law from the national and international courts, a thorough interpretation can be made clear of different situations that can arise in a work environment 6 when it comes to the individual’s right to practice their religion and how the freedom of religion can be in conflict with the employer’s interests for the business.
Place, publisher, year, edition, pages
2019. , p. 46
Keywords [en]
Discrimination
Keywords [sv]
Diskriminering
National Category
Law and Society
Identifiers
URN: urn:nbn:se:sh:diva-40456OAI: oai:DiVA.org:sh-40456DiVA, id: diva2:1420888
Subject / course
Public Law
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
2020-04-012020-04-012020-04-01Bibliographically approved