Freedom of religion and non-discrimination: “Eweida and others v. The United Kingdom” at the European Court of Human Rights
Freedom of religion and non-discrimination: “Eweida and others v. The United Kingdom” at the European Court of Human Rights

Summary/Abstract: The European Court of Human Rights released in January 2013 its decision concerning the case Eweida and Others v. UK, denying to a nurse the right to wear a cross at her workplace and saying that civil authorities and private companies were allowed to dismiss Christian employees that would refuse to treat homosexual people without discriminating against them. Only one of the four applicants, Ms Eweida, was recognised the right to wear a small cross while working as a check-in employee for British Airways. This paper will expose the above-mentioned cases and reflect on the implications and juridical consequences they have for Christians’ freedom of religion and conscience. This paper analyses the argumentations of the applicants, of the British Government, and of the Court itself in order to understand what fundamental principles underpin the logic of each position. In particular, it will explore the concepts of religious freedom, non-discrimination, and equality. The failure of the majority of the applicants in the Eweida case also raises the question as to whether the argumentative strategy used by Christians in tribunals is indeed the more efficient.

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