Agustin Motilla

Religious Attire and Symbols in Spanish Labour Law

  • Abstract

Informations and abstract

Keywords: Religious Symbols; Labour Relationship; Reasonable Accommodation; Religious Freedom; Fundamental Right to Self-Image.

The immigration process carries an increase of conflicts about symbols and garments of religious significance in Western societies. They should be solved taking into account the principles and values of democracy, specially the safeguard of fundamental rights and the respect to social pluralism. The paper focuses on the problems that attire and symbols of the workers could rise in labor relationships. The issue is analyzed from three different perspectives: works inside public institutions - where the ideological and religious neutrality of the state should be guarantee-, works in private corporations and of those professions with public significance, as lawyers and solicitors in the courts of justice. In the last two issues it is analyzed if Spanish rule of Law is close to the criteria of the reasonable accommodation of the workers' religious needs, imposed to the employers unless they can prove an undue hardship to theirs interests.

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