The Case-Law Concept of Reasonable Accommodation: The European Court of Human Rights Facing the Governance of Cultural and Religious Diversity in the Public Space
Pp. 34-56 (23)
Maria Elosegui Itxaso
This chapter deals with the legal concept of reasonable accommodation,
presenting in a novel way a topic that is not covered in the Spanish doctrine. It analyzes
the development of this notion in the jurisprudence of the Supreme Court of Canada
and the recent introduction in the European Court of Human Rights, in which some
judges have made an explicit reference to this technique and call for their use. The duty
to accommodate or adjust is the duty, under the law that managers of institutions and
public and private organizations have in order to avoid any form of indirect
discrimination for minorities and majorities, taking different harmonization
adjustments in the application of certain laws or certain regulations, making norms
more flexible or adapting them in its implementation. This allows a fairer management
of cultural and religious diversity in public space, according to an intercultural model
led by the Council of Europe.
Cultural and religious diversity in the European Court of Human
Rights, Council of Europe, Reasonable accommodation, Supreme Court Case-
Law in Canada.
Faculty of Law, University of Zaragoza, Zaragoza, Spain.