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Human rights: UK breached employee's human right to freedom of religion in Christian cross case

This report relates to 1 case(s)

In Eweida and others v United Kingdom [2013] IRLR 231 ECHR, the European Court of Human Rights held that, in failing to protect a Christian employee’s desire to manifest her religion by wearing a visible cross at work, the UK breached the positive obligation under art.9 of the European Convention on Human Rights to secure her right to freedom of expression.

Key points

  • In order to count as a “manifestation” of a religious belief within the meaning of art.9, “the act in question must be intimately linked to the religion or belief” and this connection depends on the facts.