ABSTRACT

In a human rights era, European States are increasingly under pressure to give due regard to individual claims to religious expression and manifestation. Simultaneously, States struggle to formulate a coherent approach to religion that is both faithful to their national traditions and constitutional national frameworks and respectful of the growing diversity in religious practices and attitudes towards religion within their societies. Recent trends reveal a tightening of the legal discourse in relation to religion. On the one hand, religion often appears to be incompatible with common duties and is now consequently invoked as a basis for positive rights to derogation/exemption and accommodation in the workplace1

or in educational settings.2 On the other hand, responses by national authorities have become more ideologically laden: national identities and fundamental constitutional values are often opposed to religious claims.