Mellan religion och arbetsplikt - gränsdragningen för religionsutövning och religiösa uttryck i arbetslivet

Sammanfattning

The thesis analyzes how employees' right to express and practice their religion is balanced against the employer´s right to manage and allocate work. Freedom of religion constitutes a fundamental human right that has strong protection under both international and national legislation. The right to hold a belief is absolute and cannot be restricted. However, there are exceptions that allow for limitations on the right to express and practice religion. Such limitations arise in several instances in professional life when the employee´s practice and expression collide with the employer's way of conducting its business. The questions analyzed in the thesis are, firstly, how the balance between freedom of religion and managerial prerogative is drawn, and secondly, when a restriction is considered legitimate, appropriate, and necessary. The thesis is based on a legal dogmatic method combined with EU legal method to determine the applicable law. The legal analysis builds on international and national legislation, preparatory works, and legal doctrine. The study examines case law from the European Court of Human Rights, the Court of Justice of the European Union, and the Swedish Labor Court to analyze how the rules have been applied in practice. The thesis concludes that the employer may restrict religious expression and practice if the measure is based on a legitimate aim, and the means used to achieve that aim are appropriate and necessary. The investigation showed that a legitimate aim must be grounded in more than a mere desire to maintain a religiously neutral workplace. Interests based on equality, health, and safety proved to carry weight in the assessment. It also appeared to be of significance whether the employee had accepted the working conditions despite being aware that they risked conflicting with their religious convictions. According to case law, a measure cannot be considered appropriate if there are less intrusive means of achieving the aim. An employer wishing to implement a neutrality policy should ensure that the policy treats all employees equally and covers all types of religious, political, and philosophical symbols.