ABSTRACT

Clearly, the right to religious freedom is not an absolute right. For example, in Article 9 ECHR it is accepted that restrictions on the manifestation of religion can be imposed where necessary to safeguard the rights of others. Moreover, it may be that the solution to the conflict between religion and other interests in the context of the workplace will be to rely on the fact that one does not have an enforceable right to a job. Hence any conflict between rights which occurs at work can be resolved by the religious individual resigning: religious freedom persists, and indeed is arguably protected by, the right to resign.73 However, it will be argued below that such an approach fails to provide adequate protection for religious interests, given the strength of the argument in favour of their protection set out above.