The Parliamentary Assembly of
the Council of Europe (PACE) has reaffirmed that Member States has an
obligation to ensure non-discrimination in the workplace based on the grounds
or religion or belief in an adopted resolution, based on the report of Davo Stier (EPP/CD). PACE called on Member
States to “promote a culture of tolerance and ‘living together' in a
religiously pluralist society”, while ensuring that “the right to freedom of
thought, conscience and religion is respected”.
The fact that freedom of
religion and conscience on the workplace has been reaffirmed is a very positive
development. This is in line with previous resolutions and international
documents that are calling the Member States to promote reasonable
accommodation. It is an "adjustment made in a system to accommodate or make an
individual exception based on a proven need". The United Nations use this term
in the Convention on the Rights of Persons with Disabilities" supporting the view that refusal to make
accommodation results in discrimination. Although as a concept, reasonable
accommodation was first mentioned in relations to the rights of people in
disabilities, it is now used to describe similar arrangements based on
religion, culture etc.
(Article written by Leo van Doesburg with the help of Lefteris Kaloterakis)
Reasonable Accommodation
In North America, the concept
of reasonable accommodation has also been successfully applied to religion or
belief. Additionally, an adopted resolution of the European Parliament on the application of Council Directive (2000/78/EC of 27 November 2000) on "Establishing a Framework for Equal Treatment in Employment and Occupation" (2015/2116(INI)) recognizes that “a duty of reasonable
accommodation for all grounds of discrimination - including therefore religion
and belief-should be laid down in EU and national law, provided that does not
impose a disproportionate burden on employers or service providers”.
The importance of Reasonable Accommodation
The importance of reasonable accommodation was also acknowledged in the above-mentioned 2000 EC Directive on equal treatment in occupation. This Directive stipulates that: “in the case of occupational activities within churches and other public or private organizations the ethos of which is based on religion or belief, a difference of treatment based on a person’s religion or belief shall not constitute discrimination…”. This means that the principle of reasonable accommodation can be applied both to institutions and to individuals. For example, a Christian school can employ teachers that share the school's system of beliefs. They can employ who they choose even id this means that on this sphere there is deviation from the concept of non-disrimination. This is a reasonable, genuine and justified request. It also deals with a particulare case and is not imposing a dispropriate burden on the society.
The importance of reasonable accommodation was also acknowledged in the above-mentioned 2000 EC Directive on equal treatment in occupation. This Directive stipulates that: “in the case of occupational activities within churches and other public or private organizations the ethos of which is based on religion or belief, a difference of treatment based on a person’s religion or belief shall not constitute discrimination…”. This means that the principle of reasonable accommodation can be applied both to institutions and to individuals. For example, a Christian school can employ teachers that share the school's system of beliefs. They can employ who they choose even id this means that on this sphere there is deviation from the concept of non-disrimination. This is a reasonable, genuine and justified request. It also deals with a particulare case and is not imposing a dispropriate burden on the society.
Moreover, as it was mentioned
earlier, several other PACE reports called Member States to promote reasonable
accommodation. This was underlined also in the resolution that was adopted last
month (paragraph 2). For example, (Resolution 2036 (2015)) on “Tackling Intolerance
and Discrimination in Europe with a Special Focus on Christians” called upon member states of the Council of
Europe “to promote reasonable accommodation within the principle of indirect
discrimination so as to ensure that the rights of all individuals under their
jurisdiction to freedom of religion or belief is respected..”. Additionally, in
Resolution 1846 (2011) on “Combating all Forms of Discrimination Based on Religion”, member states were asked to
“strive to accommodate the needs of different religions and beliefs in a
pluralist society, provided that any
such measures do not infringe the rights of others”.
Another resolution (2076 (2015)) on “Freedom of Religion and Living Together in a Democratic Society”, invited member states to ensure that religious communities and their members are able, in compliance with the law, to manage welfare and education institutions. Additionally, the resolution (1763(2010)) on the "Right to Conscientious Objection in Lawful Medical Care" underlined the right of medical professionals to refuse to perform medical procedures that go against their conscience (e.g. abortion). Finally, the report of PACE titled “The Protection of the Rights of Parents and Children Belonging to Religious Minorities ” (Resolution 2163 (2017)) , affirmed the importance of the use of the concept of reasonable accommodation in education asking Council of Europe Member States to adopt it. In the recommendations to the Council of Ministers of the Council of Europe (that were adopted), it is recommended that “guidelines on how member States should effectively provide reasonable accommodation” are drawn up.
Another resolution (2076 (2015)) on “Freedom of Religion and Living Together in a Democratic Society”, invited member states to ensure that religious communities and their members are able, in compliance with the law, to manage welfare and education institutions. Additionally, the resolution (1763(2010)) on the "Right to Conscientious Objection in Lawful Medical Care" underlined the right of medical professionals to refuse to perform medical procedures that go against their conscience (e.g. abortion). Finally, the report of PACE titled “The Protection of the Rights of Parents and Children Belonging to Religious Minorities ” (Resolution 2163 (2017)) , affirmed the importance of the use of the concept of reasonable accommodation in education asking Council of Europe Member States to adopt it. In the recommendations to the Council of Ministers of the Council of Europe (that were adopted), it is recommended that “guidelines on how member States should effectively provide reasonable accommodation” are drawn up.
Attempts to frame the report
Even though reasonable accommodation was endorsed several times in PACE reports as a useful tool, some Members attempted to frame the concept as controversial. At the plenary discussion, it was claimed that use of the concept of reasonable accommodation in the field of religion, could lead to discrimination against other groups, like the LGBTI community. However, this issue was discussed at length during the preparation process of the report. At a public hearing that took place in Strasbourg last October, Professor Katayoun Alidadi, a scholar with significant experience on the topic, underlined that there is no conflict between reasonable accommodation for religious minorities and the rights of LGBTI persons.
Even though reasonable accommodation was endorsed several times in PACE reports as a useful tool, some Members attempted to frame the concept as controversial. At the plenary discussion, it was claimed that use of the concept of reasonable accommodation in the field of religion, could lead to discrimination against other groups, like the LGBTI community. However, this issue was discussed at length during the preparation process of the report. At a public hearing that took place in Strasbourg last October, Professor Katayoun Alidadi, a scholar with significant experience on the topic, underlined that there is no conflict between reasonable accommodation for religious minorities and the rights of LGBTI persons.
Conclusions of the final report
The conclusion is that the final report was an excellent opportunity to highlight again the importance of the principle of Reasonable Accommodation. Reasonable accommodation does not mean the refusal of the rights of others. As MP Edward Leigh (ECR, UK) pointed out during the debate, “[reasonable accommodation] is a moderate, sensible compromise”. My hope is that more European countries will incorporate in law provisions that lead to the reasonable accommodation of religious beliefs. This will bring us one step closer to societies where people adhering to different worldviews, cultures or religions live together in harmony mutually respecting one another.
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