Eweida & Others v UK (Applications nos. 48420/10, 59842/10, 51671/10 and 36516/10)
A decision has been made today on the landmark case Eweida & Others v UK at the European Court of Human Rights (ECHR). The ruling has hit all major media outlets and is widely trending on Twitter and other social networking sites. Tomorrow, it will feature in every British newspaper. The huge level of interest in the ruling shows just how important this decision is.
The case concerned four applicants with religious beliefs. Ms Eweida from British Airways and Ms Chaplin from the Royal Devon and Exeter NHS Trust Hospital who both sought to wear visible crosses and were unable to do so. It also involved Ms Ladele, a Registrar at Islington, who refused to perform civil partnership ceremonies and Mr McFarlane a counsellor of Relate who refused to provide sexual counselling for same sex couples.The applicants all argued before the Human Rights Court that domestic law failed to protect their rights.
In relation to Ms Eweida the ECHR found in her favour and awarded her 2000 Euros in compensation. In relation to the remaining three applicants, the court found that there had been no violation of ECHR protected rights. They said that restrictions can be placed where the employee's religious observance impinged on the rights of others.
Ms Chaplin's case failed as her employer requested her to remove her cross for justifiable health and safety reasons that were imperative in the hospital ward in which she worked.
In relation to Ms Ladele and Mr McFarlane, the ECHR held that the domestic authorities had struck a fair balance in upholding their respective employer's decision to discipline. Both employers had a strict policy of non-discrimination and the discrimination of homosexuals could not be justified by religious beliefs.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
