Wolność sumienia i wyznania a neutralność religijna w miejscu pracy w orzecznictwie Europejskiego Trybunału Praw Człowieka
Freedom of conscience and religion versus religious neutrality in the workplace in the case law of the European Court of Human Rights

Summary/Abstract: The ability to express one’s beliefs is one of the foundations of a democratic society and is a value protected under Article 9 of the European Convention on Human Rights. However, freedom of expression, including religious expression, is not absolute and may therefore be subject to restrictions in certain circumstances. An employer, citing the interests of the company (in the case of private entities) or the impartiality of theservices provided (in the case of public-law entities), may require an employee to refrain from expressing religious views (by prohibiting the wearing of symbols or clothing or by adjusting the work schedule). To date, in most cases, the ECtHR has sided with employers, giving primacy to the principle of neutralityas justification for prohibiting the wearing of religious symbols or refusing to perform certain activities by employees. People for whom faith is an important part of their identity are placed at a disadvantage compared to atheists or agnostics. Access to employment may be difficult for them because of their religion.

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