Quaderno monografico n. 2ROSSELLA 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
Quaderno monografico n. 2FRANCESCA 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.
ABSTRACT
The article is focused on the issue of migrations due to religious persecution. According to the International Conventions, the religious persecution is one of the reasons that authorize the granting of the refugee status. The first problem is relating to the legal definition of religion; the second problem is to identify the situations of religious persecution. The jurisprudence of the European Courts on the granting of asylum for religious persecution is then examined. The UNHCR data relating to the countries of origin of refugees show that many of them are fleeing from countries where there are serious violations of the religious freedom. The article focuses on some of those situations, and it examines the most recent jurisprudence of the Italian Supreme Court.
KEYWORDS
Migrations, Religious persecution, Asylum
