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European Court of Human Rights decides religious-freedom claims

16/01/13

Eweida and ors v United Kingdom

The European Court of Human Rights has given judgment in the conjoined cases of Nadia Eweida, Shirley Chaplin, Lillian Ladele and Gary McFarlane. The applicants claimed that the UK had failed adequately to protect their rights to manifest their religion under Article 9 of the European Convention, taken alone and/or together with the prohibition of discrimination under Article 14.

Both Ms Eweida and Ms Chaplin had been prevented by their employers from wearing crucifixes that were visible over their uniforms. The Court found that different balances were to be struck on the facts of the two cases. The UK courts had correctly rejected Ms Chaplin's claim, but were wrong to reject Ms Eweida's.

Ms Ladele and Mr McFarlane had both been dismissed by their employers for refusing, on religious grounds, to provide certain services to gay men and lesbians. The Court found no violation of the Convention in either case.

Written submissions of the National Secular Society

The judgment is here.

Max Schaefer (instructed by DAC Beachcroft LLP) acted for the National Secular Society, which intervened in the four cases.