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.

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Publication Details

Journal
MPG.PuRe (Max Planck Society)
Published
2026-01-01
Primary Topic
Religious Freedom and Discrimination
Type
article
Field-Weighted Citation Impact
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article

Beyond accommodation fatigue? The European Court of Human Rights’ inclusion of religious diversity in education

D. ; https://orcid.org/0009-0002-7658-0892 Katz Rotnitzky
MPG.PuRe (Max Planck Society)
Religious Freedom and Discrimination
article

Beyond accommodation fatigue? The European Court of Human Rights’ inclusion of religious diversity in education

D. ; https://orcid.org/0009-0002-7658-0892 Katz Rotnitzky
article en

Abstract

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.

MPG.PuRe (Max Planck Society)
Reduced inequalities
Openalex Percentile: Top 5%
Religious Freedom and Discrimination
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Beyond accommodation fatigue? The European Court of Human Rights’ inclusion of religious diversity in education — D. ; https://orcid.org/0009-0002-7658-0892 Katz Rotnitzky · MPG.PuRe (Max Planck Society) (2026) | TGRS Research Map | TGRS