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The Economic Dividend and Cost of Being a Religious Minority

14 May, 2015

Econ-cost-minoritySummary: Germano Maifreda, from Milano University, finds that recent historiographies offer a new interpretative analysis of how the treatment of the Jewish community as a minority, especially in developing Europe, prepped the community not only for wider economic success in the mainstream, yet also had a positive but limited communal economic return. Maifreda finds that where an ethnic community is restricted through outside policy decisions, the community is able to adapt and create a fluid and productive market within its walls – which can breed further outside hostility towards its success. However, when offered the opportunity to join the mainstream, the security of this inside market is lost without guarantee of an immediate economic benefit.

Today, historians study the ties existing between the status of religious minorities and the development of particular patterns of business behavior in past centuries. A number of studies have shown how religiously homogeneous groups, suffering various degrees of legal and social discrimination, also derived certain advantages from their status as a minority. The most important of these advantages consisted of their having access to the networks of ethnic solidarity and trust which a discriminated minority might enjoy, as well as to connections and resources which result from their being a part of a far-flung diaspora.

How should we view these ‘advantages’ inherent in the condition of discrimination? Studying them can help us in understanding the context of religious discrimination, both in the past and in the present.

RELIGIOUS DISCRIMINATION AS AN ‘ADVANTAGE’

As Roger Waldinger has written in his seminal studies, “ethnicity is a resource insofar as the social structures that connect members of an ethnic group to one another can be converted into business assets.” According to the Ellen Auster and Howard Aldrich’s thesis, moreover, ethnic solidarity provides greater generalized informal support for business than just a potential protected market of customers. As scholars have noticed, the most salient feature of early business efforts by immigrant groups was their dependence on an ethnic community for support. Support is provided at least on two levels: informal support from friends and relatives of aspiring business owners, and support from the larger networks of ethnic institutions, including religious associations, fraternal organizations and other small businesses.

LEARNING FROM JEWISH HISTORY

Throughout the modern world, the Jewish economic influence has often been exaggerated, both by anti-Semites and by philo-Semites educing material manifestations of Jewish ‘chosenness’. Yet, although the results of new research is, as Derek Penslar has written, “a minimizing of Jewish economic exceptionalism and a depiction of Jews as trading people,” we can not fail to note that “Jewish economic difference remained prominent in the Jewish self-consciousness”, and that “signs of Jewish economic uniqueness remain and demand explanation.”

A growing number of studies have shown that the economic history and behaviour of the Jews did not derive from some hypothetical anthropological ‘Jewish character,’ and had very little to do with internal developments in the Jewish moral code or religious ethics. Recent historiographies no longer considers the argument of legal restrictions on Jewish economic activities, if taken individually, to be a compelling explanation of the Jewish occupational structure during the ancient and medieval periods. Responding to the particular conditions in which both Gentile and Jews found themselves, Jewish business structures were the product of an elaboration on the part of both the Jews and the Gentiles to these conditions, serving internal end external ends, in a continuous interplay between Jewish and non-Jewish cultures, societies, and institutions.

TOWARDS A MODEL OF BUSINESS BEHAVIOR

This historical construction of Jewish business behavioral patterns are usefully expressed in a simplified circular model describing the interaction between the negative external effects of specialized policies of religious discrimination in relation to the correlating internal benefits developed by the restricted minority group.

 Among the key measures and policies of religious discrimination introduced in Europe between the Middle Ages and the early modern age are the laws forbidding Jews to own land or practice certain professions and businesses; the various forms of comparatively excessive taxation on Jewish communities and individuals; the means of expulsion, deportation or forced living in ghettos; the various limitations on geographical and social mobility; and all other laws and policies whose primary or secondary goal was the economic discrimination against the Jewish population.

With the reality of a Jewish dispersion, the community maintained an ethnic solidarity, social cohesion, and commercial institutions, which consistently favored mobility over a wider area and, with it, the geographic extension of kinship ties. In turn, this contributed to the internationalization of Jewish business relations and international mobility, favoring the activities for which those features had a competitive advantage, such as large-scale trading and international bank lending.

ROME IN THE RENAISSANCE

Typical benefits of ethnic enclaves, such as residential segregation or concentrated living, took place in Renaissance Italy: here the Jews, from the mid-XVIth century to the French Revolution, were largely forced to live in ghettos. The papal decrees marked a turning point in the hostile economic and social policy of the peninsular states towards the Israelites, forcing them and their business activities to be concentrated in ghettos. This fact, while economically discriminatory towards the Jews – re-enforcing stereotypes of differentiation, increased their communities’ reliance and consumption of their own business ventures, and this internalized market benefit was accessible almost exclusively to Jewish traders. The economic benefits resulting from the ethnic specialization of the Jewish market, combined with the hostility of Christian competitors (alongside the discriminatory representations of those benefits generated by the Christian majority), inevitably led the oppressors to develop new forms of exploitation and differentiation. Thus, increasing the size of the loyality within the ethnic group and continued institutional discrimination itself.

ABOUT A VICIOUS CIRCLE

Religious discrimination enhances ethnic identity. Ethnicity may result in business advantages. These benefits may strengthen religious discrimination – both because they are seen with envy by the majority, and because they represent a material advantage for the members of the minority. It’s important that those wishing to work towards religious freedom are aware of this vicious cycle, especially those with a business focus, or doing business in areas that are strongly characterized by ethnic factors. Under certain conditions, the same discriminated individuals will not have an incentive to abandon the condition of discrimination. As, they would lose the economic advantages of being part of the minority, without immediately acquiring the benefits of the mainstream economy.

Germano Maifreda

University of Milan

References:

Auster, H. Aldrich, ‘Small business vulnerability, ethnic enclaves and ethnic enterprise’, in R. Ward, R. Jenkins (eds), Ethnic Communities in Business. Strategies for the Economic Survival (Cambridge Mass.: Cambridge University Press, 1984), pp. 39–55.

Penslar, ‘Foreword’ in G. Reuveni, S. Wobick-Segev (eds), The Economy in Jewish History: New Perspectives on the Interrelationship between Ethnicity and Economic Life (New York-Oxford: Berghahn Books, 2010), pp. vii–x.

Waldinger, ‘Immigrant enterprise in the United States’, in S. Zukin and P. Di Maggio (eds), Structures of Capital. The Social Organization of the Economy (Cambridge Mass: Cambridge University Press, 1990), pp. 395–424.

Religion Matters Symposium discusses how religion is good for business

13 May, 2015

RELIGION MATTERS 2015, Group PictureUS Military Chaplains — Active (18) and National Guard (7) — Partner Nation Chaplains (14), Non-Governmental Organization Leaders (13), Local Clergy (5), Academics (5) and US-SOUTHCOM Command and Staff elements (15) all joined together for 3 days of presentations, professional exchange and collegial dialogue on how “Religion is good for Business,” “How Religion and Politics mix,” and “How best to consider Religion as a factor for analysis, a source of healing, a place of hope and an encourager of reconciliation.”

Keynote speakers, Dr. Brian Grim President of the Religious Freedom & Business Foundation, and Mr. Knox Thames, Director of Policy and Research at the United States Commission on International Religious Freedom (USCIRF), engaged the assembly; challenging assumptions and offering thoughtful perspectives for the future.

April 21, 2015 Doral ANA RODRIGUEZ-SOTO | FC Command Chaplain Col. Michael Lembke poses with most of the keynote speakers at the Religion Matters II conference, from left: Brian Grim, president of the Religious Freedom and Business Foundation; Archbishop Thomas Wenski; and Imam Asim Hafiz, Islamic religious advisor to Ministry of Defence of the United Kingdom.Command Chaplain Col. Michael Lembke poses with most of the keynote speakers at the Religion Matters II conference, from left: Brian Grim, president of the Religious Freedom & Business Foundation; Archbishop Thomas Wenski; and Imam Asim Hafiz, Islamic religious advisor to Ministry of Defence of the United Kingdom.

Participants enjoyed a ‘cultural day’ in Miami, receiving information from Rabbi Lipskar at the Shul, and Fr. Sosa of St. Joseph’s Parish. The group also received briefings from unit Commanders at Homestead Air Force Reserve Base.

Dr. Grim and Mr. Thames not only gave presentations but they fully participated in discussions during Focus Group Sessions. We were also happy to welcome The Reverend Thomas Wenski, Archbishop of Miami and Imam Asim Hafiz, Islamic religious advisor to the Chief of the Defence Staff, United Kingdom who offered remarks and participated in the symposium.

JFHQs Chaplains from Arkansas, Florida, Wisconsin, Massachusetts and one Assistant from Texas; well supported by Colonel Tom Hanley, National Guard Liaison/ SPP Director for USSC, and Chaplain Peter Lawson of the National Guard Bureau, contributed greatly to the entire symposium and worked toward increased State Partnership Program involvement.

Symposium Mission: Participants (Partner Nation Military Chaplains and Clergy who work with Military) develop a better understanding of how Religion Matters by building networks of religious people, caring for the needs of military members and their families; bringing together different countries for mutual dialogue and action in order to discover commonalities towards a consensus document on religious rights and religious relationships.

Objectives: To gain increased awareness, lessons learned and specific examples of (a) the role of religion in the Soldier’s Life; (b) the role of the Chaplain in the Military Context; and (c) the ability of religion to influence individuals and institutions towards peaceful coexistence.

Pictures from the Symposium

Coverage by the Archdiocese of Miami:

Miami-Archdiocese

Oldest Mosque Hosts Religious Freedom & Business Celebration

9 May, 2015

Event kicks off focus on Religious Freedom and Business

By Claudia Augelli (see original press release at the Religion News Service

Brazil celebrated a first place finish this week. No, not in soccer, but in religious freedom. Surprised? If yes, you are in good company. This finding from a recent study by the Pew Research Center also surprised Brazil’s Vice President Michel Temer, as religious, political and business leaders just learned in Sao Paulo.

logo_religiao_Brazil

Last week, Latin America’s oldest mosque, Mesquita Brasil, in Brazil’s financial capital of São Paulo, brought some 700 leaders together for a gala celebration where Muslims, Jews and Christians dined side-by-side to commemorate its status as a leader in religious freedoms. The theme was, “Brazil a voice to the world.” The event is the first of a series to bolster the role of business in supporting religious freedom.

Among the 25 most populous countries, Brazil has the lowest government restrictions on religious freedom, lower in fact, in the United States, where a study by the Pew Research Center finds that restrictions have been rising.

Brazil is peacefully undergoing one of the most dramatic religious shifts in the world today. Most of the shift has been from Roman Catholicism to energetic and conservative forms of Pentecostalism and other minority denominations Grim said. In other parts of the world, active and conservative religion is sometimes equated with extremism and political destabilization.

But Sheikh Abdel Hammed Metwally, religious leader of Mesquita Brasil, highlighted the positive example of interfaith understanding and peace in Brazil. “This will be the first of many meetings”, he said, and “given the importance of the subject we want to share it with more people and show the world how Brazil stands out in leading position, by tolerating and peacefully accommodate the most diverse creeds. “

Nasser Fares, the lay president of Mesquita Brasil considered it an honor to welcome such an eclectic group in a celebration, highlighting Brazil as an example to other nations.  Ricardo Cerqueira Leite, president of the Association for Religious Freedom and Business (ALRN) also noted that Brazil is ahead of many countries to express support and respect for peaceful religious diversity. “We are essentially a nation with natural vocation to deal with religious differences,” he said, “and to conduct ourselves in ways that highlight these values as an example to the world.”

Although Brazil has the world’s largest Catholic population, religious freedom is most keenly appreciated by religious minorities. The Mormon church, for instance, has benefited from this freedom with Brazil being home to more than a million members. Among the speakers was Elder D. Todd Christofferson, a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints.

Delivering remarks in Portuguese, Christofferson congratulated Brazil for this significant distinction. “I encourage you to hold fast to the freedoms you have forged at home and to lead courageously in promoting religious freedom on the world stage, he said. “The need to protect and preserve religious liberty — in a fair and balanced way that also protects others’ fundamental rights — is acute.”

Brian Grim, president of the Religious Freedom & Business Foundation, noted that one of the most important factors to the peaceful navigation of the past decades of religious change is the position taken by the majority faith – Catholicism – toward religious freedom. Grim observed that the clear and unequivocal Declaration on Religious Freedom, Dignitatus Humanae, promulgated in 1965 by Pope Paul VI during the Vatican II was important because the “dominant faith was bound by its doctrine to a higher spiritual calling than protecting mere membership rosters. It seems clear that, in this case, this doctrine produced peace not conflict,” according to Grim.

Brazilians at the grassroots level plan to promote religious freedom worldwide through a series of initiatives, including hosting awards during the Rio 2016 Olympics that recognize the best advances and innovations by businesses in improving respect for religious freedom, interfaith understanding and peace.

Additional news coverage (in Portuguese):

Separation of Church and Cubicle – Wharton Business School Analysis

6 May, 2015

SepReligWork

Religion in America is once again undergoing a period of intense examination. The so-called religious freedom bills bubbling up in Indiana, Arkansas and many other states may rightly be considered thinly veiled reactions to same-sex marriage and the breathtaking speed with which it has gained acceptance.

But these bills might mask a trend of the past two decades among those with sincerely held religious beliefs: Workers are increasingly bringing theology into the office, factory, retail space and public sphere and expecting greater and sometimes surprising forms of accommodation. As a result, religious conflict in the American workplace is up. “It’s the fastest growth area in discrimination,” says Robert E. Gregg, an attorney with Boardman & Clark in Madison, Wis. In terms of litigation, “religion is growing faster than sex and race.”

Read the full article at Wharton.

Religion On The Rise: What This Means for Business, Peace & Conflict

2 Apr, 2015

Dear Friends and Colleagues,

As new religious freedom legislation in U.S. states is opposed by business, the innocent bystander in the heated debate is religious freedom itself. Religious freedom is a topic that the world and not just the U.S. needs to get right. Why? Research released today shows that the world will be MORE religious in the decades ahead, not less.

It is helpful to review why religious freedom are important to get right. First, a more religious planet can be good for the economy, as I argue in this new piece for the World Economic Forum, giving examples of a surprising number of businesses worldwide motivated and enlivened by faith, ranging fro Adventists to Zoroastrians.

WEF-faith-economy

Second, a more religious planet can be a more peaceful plant, to the degree that religious growth is accompanied by freedom of religion or belief, not coercion. In this new piece for the global agenda council of the Tony Blair Faith Foundation, I review the latest research supporting this fundamental benefit of religious freedom – peace.

TBFF-religion-rise

Third, religious freedom is linked to economic growth and economic strength. Indeed, as the world navigates away from years of poor economic performance, freedom of religion or belief may be an unrecognized asset. For instance, 10 of the 12 pillars of global competitiveness, as measured by the World Economic Forum’s Global Competitiveness Index, are stronger where religious freedom is stronger.

WEF-blog2

And finally, religious liberty ensures that the positive side of religion has the freedom to do goodOne promising new venture along these lines is a new initiative that is countering hate and intolerance with love and understanding, drawing on the very radical religious suggestion in the Good Samaritan story that we should love our neighbors. And in the case of that parable, the Samaritan neighbor is a foreigner with a foreign religion. Indeed, some radical religious ideas are very peaceful.

Also, see my recent Vatican Radio interview on this.

Grim-Vatican-Radio

In the weeks and months ahead, I’ll be discussing these in venues as diverse as the U.S. Southern Command’s second annual “Faith Matters” event, drawing military leaders from throughout Latin America and the Caribbean to explore how religious freedom promotes peace and prosperity. I’ll then be in Brazil for several major events in Sao Paulo, Brazil’s financial capital. And then in May, I’ll be back in London to move the counter-radicalization initiative forward.

Thank you for your support and interest, and please don’t hesitate to contact me if I can be of assistance in your work.

Brian Grim
President, RFBF

Benefits of Religious Freedom is Sleeper Story of 2014

22 Dec, 2014
The positive contributions of religious freedom to society generated significantly greater interest than the problems of religious freedom, based on analysis of social media engagement in 2014.

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Of course, there was much to be concerned about in 2014 (see recent op-ed by Brian Grim & Robert Smith), but this current analysis provides evidence that a solutions-based approach to religious freedom will change the religious freedom paradigm from one of problems to opportunities.Based on a study of the stories published by the Religious Freedom & Business Foundation and The Weekly Number, here are the 5 stories from 2014 that garnered the most interested.

Brian Grim Religious Freedom2.9 K “Likes”

1. Religious Freedom Linked to Peace, Finds New Global Study A new report from the Institute for Economics and Peace (IEP) in conjunction with the Religious Freedom & Business Foundation challenges the myth of religious violence.* The study found no general causal relationship between religion and conflict when looking at all of the current conflicts in the world.

The study found that countries with greater religious freedoms are generally more peaceful, whereas countries with less religious freedom are generally less peaceful. Additionally, the most influential factor affecting religious freedom is the government type. Full democracies are the most peaceful and have the greatest level of religious freedom, regardless of the type of religious belief or various religious characteristics.

Brian Grim Religious Freedom2 K+ “Likes”

2. The Link Between Economic and Religious FreedomsOn the World Economic Forum’s blog, Religious Freedom & Business Foundation president, Brian Grim, overviewed research indicating that freedom of religion or belief has the following effects: Reduced corruption: Research finds that laws and practices that exclude religion are related to higher levels of corruption. More peace: When religious freedoms are not respected, the result can be violence and conflict.

Less harmful regulation: Some religious restrictions can directly affect economic activity, creating legal barriers for import and export industries, such as the halal food market. Reduced liabilities: Stocks of Abercrombie & Fitch, for instance, dropped when news broke that the clothing retailer had allegedly refused to hire a Muslim woman wearing a headscarf, potentially a violation of American equal opportunity employment laws.

More diversity and growth: Minorities often are drivers of economic innovation and growth. For instance, a new study in the China Economic Review finds a link between Christianity, adhered to by some 5% of China’s population, and the nation’s economic growth.

Brian Grim Religious Freedom2.1 K “Likes”

3. More than 8-in-10 People Hold Religious Beliefs, and It’s RisingResearch from Brill’s Yearbook of International Religious Demography shows religious adherents of all faiths are globally on the rise.* The rise is largely due to the collapse of Communism, which sought to eradicate religion.More than eight-in-ten people today follow a religion, and even among those who don’t, many still hold some spiritual beliefs or engage in some religious practices. Continued growth of religious populations appears likely, as they are younger on average than the world’s religiously unaffiliated population.

  • Religionists account for 88.4% of the world’s population in 2013, up from 80.8% in 1970, according to the book.
  • The world is becoming increasingly religious, from about 80% in 1970, projected to be over 90% by 2030.

Brian Grim Religious Freedom1.7 K “Likes”

4. Religious Freedom Linked to Economic Growth, Finds Global Study Freedom of belief is one of three factors significantly associated with global economic growth, according to a recent study by researchers at Georgetown University and Brigham Young University.* The study looked at the GDP growth of 173 countries in 2011 and controlled for two-dozen different financial, social and regulatory influences.The study also finds a positive relationship between religious freedom and 10 of the 12 pillars of global competitiveness, as measured by the World Economic Forum’s Global Competitiveness Index.

Brian Grim Religious Freedom1.5 K “Likes”

5. Ban Ki-moon Receives Religious Freedom & Business Foundation Joint Publication with UNGCUnited Nations Secretary-General Ban Ki-moon received “BUSINESS: A Powerful Force for Supporting Interfaith Understanding and Peace,” a new joint publication by the Religious Freedom & Business Foundation and the UN Global Compact Business for Peace platform.* It was released at the UN Alliance of Civilizations Meeting in Bali, Indonesia, during a side event organized by the Indonesia Global Compact Network.The publication covers emerging business approaches to interfaith understanding and peace, including: Using Marketing Expertise to Bridge Borders, Incentivizing Innovation; Incubating and Catalyzing Social Entrepreneurship; and Supporting Workforce Diversity.


* See links to the original stories for links to sources and authors of the studies.

Religious freedom guards against tyranny: Part 2

15 Dec, 2014
Dr Brian Grim explains the social and economic benefits of religious freedom in CPX studio, Sydney Australia.

This 2-part interview was filmed just blocks from where hostages were freed by a commando unit. They were allegedly held by Man Haron Monis, a self-styled Muslim cleric was born in Iran and sought political asylum in Australia in 1996. He was well known to the Australian police and is currently on bail for being an accessory to the murder of his ex-wife.

Time to reset U.S. International Religious Freedom Policy

13 Dec, 2014
With the Dec. 12 Senate confirmation of Rabbi David Saperstein as U.S. Ambassador for International Religious Freedom, Brian Grim and Robert Smith argue in a new op-ed that by resetting our own resolve to positively encourage countries to protect international religious freedom ideals, a more nuanced national and foreign policy could advance our economies.

PictureSec. Kerry with Rabbi Saperstein

Recent scholarship indicates that religious freedom is an important contributing factor for much of what the world yearns for — peace and economic prosperity. As described in Brian Grim and Roger Finke’s book, “The Price of Freedom Denied,” religious freedom is not only strongly correlated with other freedoms and civil liberties, but it is also an important factor in other universally desirable goods such as lower levels of armed conflict and poverty, along with higher levels of income and better lives for women.

Conversely, the lack of religious freedom leads to increased hostilities and constrained liberties sometimes shocking to the human conscience. For example … [read the entire article at Deseret News]


Is Religious Freedom for Europe’s Workers Really Protected?

9 Dec, 2014
Is freedom of religion or belief in the workplace really protected by the European Court of Human Rights? (Part I) by Rebeca Vázquez Gómez 

On the occasion of Human Rights Day 2014 (Dec. 10), the Religious Freedom & Business Foundation (RFBF) is pleased to release the first in a series of articles by RFBF Research Fellow Rebeca Vázquez Gómez studying the balance between workers’ religious freedom and company’s interests at the European Court of Human Rights.

Rebeca Vázquez Gómez European Court of Human Rights

The European Court of Human Rights has consistently put the burden of proof on religious believers rather than their employers for respect of their faith practices in their work life. Instead of making affirmative protections, the European Court of Human Rights has consistently forced religious believers to resign rather than requiring their employers to respect their faith practices in the workplace.

Instead of promoting reasonable accommodations of religious freedom at the workplace, the Court strongly protects the employer and challenges the employees to choose between resigning or waive the exercise of their beliefs. A number of the difficulties employees face in exercising their right to religious freedom in the workplace arise when the work schedule established by the employer creates an obstacle for the employee to observe his or her religious duties of rest or prayer on specific days or hours.


Rebeca Vázquez Gómez European Court of Human Rights

The European Court of Human Rights (ECtHR) is the preeminent legal voice on the protection of human rights in Europe (not just the European Union). Its resolutions serve as an important guide to the different European legal systems. It is therefore important to understand how it protects (or does not protect) freedom of religion or belief in the workplace.

The Court acts as the “guardian” of the European Convention on Human Rights (ECHR), passed by the Council of Europe in 1950 to promote and protect these rights in all its member states. Article 9 of the Convention protects religious freedom, referring to its content in paragraph 1 and its limits in paragraph 2:

1.     Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2.     Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Religious freedom involves the right to have a religion or beliefs and the right to express them. The internal liberty is absolute but its external manifestation is subject to some limits that must meet nevertheless certain requirements: they must be set by law and necessary to protect public safety, order, health or morals, or to guarantee the rights and freedoms of others. The role of the ECtHR is a three-step check:

·      A sincere religious practice is being exercised (step 1),

·      That exercise has been restricted (step 2), and

·      That restriction is legally justified, that is, it fulfills the terms of Article 9.2 ECHR (step 3).

In court cases involving Jews, Christians and Muslims, the Court, and the European Commission of Human Rights (ECmHR) that, until 1998, examined the admissibility of applications submitted to the ECtHR, has consistently ruled in favor of the employer versus the employee seeking to practice his or her faith. Five cases show these difficulties:

In the first case, X. v. the United Kingdom (Commission decision of 12 March 1981), a Muslim primary school teacher at the London education system asked for permission to be absent for about 45 minutes on Fridays, in order to pray at a mosque. The headmaster allowed the absence, however the headmasters at the next schools he works at do not do the same. They  iIn fact, the Education Authority finally forced him to resign. The ECmHR held that there had not been interference with the teacher’s religious freedom because he “remained free to resign if and when he found that his teaching obligations conflicted with his religious duties” (par. 14).

In Konttinen v. Finland (Commission decision of 3 December 1996), the claimant is a Seventh-day Adventist Church State Railways’ employee. Per his faith, he can’t work on the Sabbath, Saturday, which begins at sunset on Friday. And so, he left work early 5 times a year when the sun set before his shift ended. The company fired him. The ECmHR held that “…having found his working hours to conflict with his religious convictions, the applicant was free to relinquish his post”, adding that he “…was not dismissed because of his religious convictions but for having refused to respect his working hours” (point of law 2, par. 12).

In the third case, Stedman v. the United Kingdom (Commission decision of 9 April 1997), a travel agency’s assistant manager was required to work on Sundays. After some months, she refused to continue working on Sundays because, as a Christian, it’s a day dedicated to non-commercial, family and religious activities. As a consequence, she was dismissed. The ECmHR reiterated that she was free to resign and she “…was dismissed for failing to agree to work certain hours rather than her religious beliefs as such…” (point of law 1, par. 5).

In Kosteski v. The Former Yugoslav Republic of Macedonia (judgment of 13 April 2006), the plaintiff worked for the electricity public company of Macedonia. He was absent from work on two Muslim holidays. The company fined him, as he didn’t prove his Muslim faith. The ECtHR supported the employer’s arguments (par. 39), and so did not consider the viability of an accommodation of his religious needs.

In the most recent case, Francesco Sessa v. Italy (judgment of 3 April 2012), concerning a Jewish lawyer, who was the counsel for a plaintiff in a criminal proceeding, the judge set the a hearing on a day coinciding with a Jewish holiday, and rejected his application for a later date, asserting that under the Code of Criminal Procedure, the counsel’s presence was optional. The ECtHR held that there was no interference with the right to religious freedom because the lawyer “…could have arranged to be replaced at the hearing in question…”. And, added, in any case, an interference would be justified on the protection of the public’s right to the proper administration of justice (par. 38).

Three of the seven ECtHR’s judges disagreed. In their dissent, they argued that the Code of Criminal Procedure gives the plaintiff the option to attend the hearing and only the plaintiff can decide whether to take advantage of it. And, a reasonable accommodation of religious freedom was possible without compromising the proper administration of justice: the plaintiff had addressed his need well in advance (par. 10). Because the authorities neither tried that adjustment nor proved its potential damage, there was a violation of religious freedom (par. 15).

As evidenced by these decisions, there is an apparent indifference by the ECtHR toward workers’ religious freedom. The Court supports the employers who do not accommodate the religious needs of their workers, even when an adjustment was not economically disadvantageous. The Court has declared that there was no interference with religious freedom exercise because the employees were “free to resign” (or they could be replaced -in Sessa– or didn’t even show enough evidence of being manifesting their faith -in Kosteski-). Since the ECtHR rejected that, according to Article 9.2 ECHR, there was a limitation (step 2), it does not even enter to value whether it was justified (step 3).

It appears more appropriate to study each situation individually and admit that if the employee’s religious expression conflicts with the work schedule, there is a restriction on his or her right to religious liberty (step 2). Then, it should be checked if this restriction has a legal basis and is really necessary (proportionate) to protect any of the legal interests mentioned in Article 9.2 ECHR – public safety, health, morals or order, or rights and freedoms of others – (step 3). With regards to labor, the most likely impact would be the entrepreneurial freedom – for private companies – or the interest of the general population – in the public sector. It would be about finding balance between the two positions. The ECtHR has followed this reasoning regarding other protected rights for a long time, and yet has failed to do so with respect to religious freedom seeming to have no validity in the workplace, as we have just seen.

Nevertheless, a change of approach is detected in the ECtHR case law. In the last two cases, the Court has at least accepted the appeal and ruled on the merits. And in Sessa v. Italy, the three dissenting judges were in favor of an adequate analysis of this kind of issue and a reasonable accommodation of religious freedom at the workplace. As we observed in a subsequent deceision about religious symbols, this progress continues in Eweida and others v. the United Kingdom of 15 January 2013, which could confirm that the ECtHR’s previous indifference toward employees’ religious freedom may be changing.