Religion, Human Rights, and the Workplace: Judicial Balancing in the United States Federal Courts and...

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Gregory Mose

Religion, Human Rights, and the Workplace

Judicial Balancing in the United States Federal Courts and the European Court of Human Rights...

Gregory Mose

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Paperback

Forthcoming
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English

Routledge
18 December 2024

Religion: general; Jurisprudence & philosophy of law; Comparative law; International human rights law; Constitutional & administrative law

Series: ICLARS Series on Law and Religion

Religious freedom is a fundamental and relatively uncontested right in both the United States and Europe. But other values like equality, justice, and the right to a private life are just as precious. Managing such conflicts has become a highly contested and politicized area of law and nowhere are such conflicts more evident – or more challenging – than those arising in the workplace.

By comparing United States Federal Courts’ approach to free exercise in the workplace with that of the European Court of Human Rights, this book explores two very different methodologies for adjudicating rights conflicts. In examining methods and results, case by case, issue by issue and addressing each step of the analytical processes taken by judges, it becomes apparent that the United States has lost its way in the quest for equality and justice. It is argued here that while the European approach has its own flaws, its proportionality approach may offer vital lessons for United States practice.

The book will make compelling reading for researchers, academics, and policy-makers working in the areas of law and religion, human rights law, constitutional law, and comparative law.

By: Gregory Mose
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781032490687
ISBN 10: 1032490683
Series: ICLARS Series on Law and Religion
Pages: 276
Publication Date: 18 December 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Forthcoming

Gregory Mose is a professor of international law and politics at the American College of the Mediterranean in Aix-en-Provence, France.