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Religion, Children and Employment: The Baby Loup Case

Hunter-Henin, M; (2015) Religion, Children and Employment: The Baby Loup Case. International & Comparative Law Quarterly , 64 (3) pp. 717-731. 10.1017/S0020589315000305. Green open access

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Abstract

This article offers a systematic analysis of the plenary Chamber of the French Cour de Cassation's final decision in the Baby Loup case which held that a private nursery had acted lawfully when requiring an employee to remove her jilbab at work, in accordance with the religious neutrality requirements of the nursery's policy. The article examines the decision in light of ECHR and French domestic legal requirements. First, it is argued that laïcité—rightly held to be irrelevant—still unduly taints the reasoning. As a result, proportionality and anti-discrimination provisions are not properly applied. Secondly, the decision is compared and contrasted with recent ECtHR cases, notably Eweida and Others v UK. It is argued that a Baby Loup-type restriction does not meet ECHR standards. Additionally the margin of appreciation, used by the ECtHR to save the French ban on the full-covering of the face in the SAS case, should not, as will be demonstrated, come into play in a Baby Loup context.

Type: Article
Title: Religion, Children and Employment: The Baby Loup Case
Open access status: An open access version is available from UCL Discovery
DOI: 10.1017/S0020589315000305
Publisher version: http://dx.doi.org/10.1017/S0020589315000305
Language: English
Additional information: Copyright © British Institute of International and Comparative Law 2015
Keywords: Article 9 ECHR, children's freedom of conscience, discrimination, laicite, margin of appreciation, proportionality
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1469735
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