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Monographic Book nr. 2

10 March 2023
Quaderno monografico n. 2
CATERINA GAGLIARDI
The contractual autonomy and the prohibition of reliabstract The proliferation of religious accommodation’s instances in private labour relations highlights the complexity of the interactions between contractual autonomy and religious freedom in the implementation of anti-discrimination legislation. In the search for a reasonable balance between the parties’ spheres of self-determina- tion, the negotiating source seems to play a significant role. In fact, company regulations and organisational practices that take into account the religious identity of the employee detect the relationship of mutual functionality that may exist between the principle of pri- vate economic initiative and the principle of non-discrimination, without the one being considered the limit of the other. There are various problem profiles that arise in cases where contractual autonomy is manifested through acts of disposition of the religious freedom of the worker, such as to intercept the full exercise thereof. In the succession of the interpretative orientations, the solution proposed by the European Judges is of considerable interest. In outlining the conditions under which the balance may be leaning in favour of entrepreneurial needs, they believe that the religious freedom of workers cannot be said to be injured if the policy of neutrality is pursued in a coherent, systematic and undifferentiated way with reference to any belief. key words Private work – Religious identity – Contractual freedom and discriminatory prohibi- tion.gious discrimination in the Italian legal system
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10 March 2023
Quaderno monografico n. 2
FRANCESCA GRAZIANI
Freedom of religion and margin of appreciation in the decisions of the European Court of Human Rights and the UN Committee on Human Rightsabstract Concerning the right to manifest one’s religion, unlike the European Court of Human Rights, the UN Committee on Human Rights does not give States a margin of appreciation in the fulfilment of Article 18 of the Covenant on Civil and Political Rights. Differences in “case law” entail risks of double standards of protection and weaken the authority of the two human rights supervisory bodies. The article therefore highlights the strengths and weaknesses of the decisions of the European Court and of the UN Committee and the lessons they could learn from each other.
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11 March 2023
Quaderno monografico n. 2
ROSSELLA BOTTONI
The prohibition of discrimination and the definition of protected philosophical belief in the United Kingabstract This essay examines two recent judgments by the employment tribunal in the Uni- ted Kingdom (Campbell and Casamitjana Costa) concerning respectively a vegetarian and a vegan. The two decisions are compared and contrasted from the perspective of the prohibition of discrimination, in the light of the definitional issue posed by the notion of “protected philosophical belief”.dom: comparing vegetarianism and veganism
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