Beyond accommodation fatigue? The European Court of Human Rights’ inclusion of religious diversity in education
The management of religious diversity has become a central concern for European countries, particularly within the sphere of education.It has been questioned before the European Court of Human Rights (ECtHR) approach towards religious diversity through indirect discrimination and the proportionality test.While this approach has yielded positive outcomes in workplace contexts, its application in educational settings reveals distinctive challenges, especially given the pluralistic and often contested nature of public education in Europe.This article undertakes a comparative analysis of how the ECtHR's development of concepts such as indirect discrimination and differential treatment in educational cases shapes the broader understanding of religious diversity.It examines the Court's evolving and at times inconsistent jurisprudence, which oscillates between affirming individual rights and upholding collective interests such as social cohesion and secularism.The analysis highlights that the management of religious diversity in education cannot rely solely on legal accommodation; it requires a nuanced interplay between legal standards, institutional practices, and societal engagement.
Authors
- D. ; https://orcid.org/0009-0002-7658-0892 Katz Rotnitzky
Publication Details
- Journal
- MPG.PuRe (Max Planck Society)
- Published
- 2026-01-01
- Primary Topic
- Religious Freedom and Discrimination
- Type
- article
- Field-Weighted Citation Impact
- 0.00