If a person is treated unequally when compared to another person in a similar situation on the grounds of religion or belief, it may result in religious discrimination.
What is religious discrimination?
Religion or belief means that you adhere to a particular religion or not, have a religious background, other (usually philosophical) belief, or you do not believe. For example, you may be a member of an organized religion (with a clear structure and belief system) such as a Catholic, Protestant, Orthodox, Muslim, Sikh, Mormon, Baptist, Judaist religion, or you may be a member of a non-traditional religious association, such as Scientology, although this association is often considered to be a sect in France. You may also be a non-believer, atheist, or hold no philosophical or religious views. Religious discrimination may also include treating someone differently because that person is a family member or is otherwise associated with an individual of a particular religion.
The prohibition of discrimination may be violated, when certain rights are denied to a person and they are treated differently [better or worse] than someone else because of their actual or perceived religion or belief. There can also be religious discrimination when the State favours or disadvantages one religious belief over another, for example if the State refuses to officially recognise a particular religion or applies different and disadvantageous laws to it.
Moreover, there are different ways in which discrimination can occur, which is not always in a direct and overt manner. Therefore, it is important to recognize different types of discrimination.
Whilst discrimination based on religion or belief may occur in many areas of life, the most common areas of possible religious discrimination are connected with the workplace.
Employment
Human rights prohibit discrimination when it comes to any aspect of employment, including hiring, firing, salary, job assignments, promotions, training, and any other term or condition of employment.
example If a Muslim applicant has the best qualifications, it would be discriminatory not to hire him/her because the employer thinks the person will not fit into a predominantly Christian environment.
However, not hiring a radical Christian person for a position as a hotel desk administrator, due to their refusal to check-in unmarried couples, would not be considered to be discrimination as there are other reasonable grounds for the decision not to hire.
example Prohibiting employees of a private company from wearing religious symbols at work can be discriminatory except if this prohibition is provided for in the internal regulations of the company or if it constitutes a genuine and determining requirement for the work position due to the nature of the activity or the conditions in which it is carried out.
Read more about genuine requirements.
There can, however, be justified exceptions when different treatment on religious grounds is permitted.
example A ban on wearing religious full-face covering in public places, which disadvantages specifically women of Muslim faith, can be justified by reasons linked to public safety and respect for the minimum set of values of an open and democratic society.
General context
There are sometimes authorized justifications for restricting religious expression in society.
example A ban on wearing religious full-face covering in public places, which disadvantages specifically women of Muslim faith, can be justified by reasons linked to public safety and respect for the minimum set of values of an open and democratic society.
French secularism
In France, there is a special relationship between the State and religion which is embodied in the concept of secularism or “laïcité”. This concept is based on three principles:
- Freedom of conscience and of worship, which allows citizens to choose their spiritual or religious life, is guaranteed to everyone.
- All citizens are equal before the law whatever their beliefs or convictions.
- There is a separation between the State and religious organisations. The State does not recognise nor subsidise any religion (except in certain French territories such Alsace and Moselle and overseas territories). This means that public institutions, local authorities and public services are neutral.
The concept of secularism implies that civil servants, who represent the State, are forbidden to manifest their religious beliefs while they are on duty, so as to remain neutral. Therefore, dismissing an employee of a public hospital because she refused to remove her religious headscarf while working is not considered to be a discrimination. Although this measure interfered with her right to manifest her religion, such interference was justified by the concept of secularism.
Restrictions on other rights and freedoms
Nowadays, due to security concerns about growing religiously motivated violence, a number of other rights and freedoms may be curtailed or violated on discriminatory grounds. Such guarantees as the freedom of expression, association, religion and movement might be the most affected.
example A political party may be denied registration if it can be established that they hold certain religious views, which are not compatible with democracy, or which incite violence.
In this Guide, you can read more about the most common areas of daily life where discriminatory practices may occur.