Balancing Fundamental Rights in Employment: Exploring Unique Positions and Normalised Practices in Flemish Religious-Ethos Schools

Description

Religious-ethos employers (‘REE’) adhere to a particular religion or belief and are therefore considered to have more leeway to restrict the fundamental rights of their employees than neutral employers. Although this has a major impact on the employment relationship and a careful balancing of concurring rights is required, there is still much ambiguity surrounding this unique position of REE. An important issue in this debate is the position of Flemish private educational institutions, deemed one of the most high-profile REE. Their position and its significant implications on the employment conditions of teachers speaks directly to the contemporary teacher shortage, as it is argued that one of the reasons for this shortage is that many potential teachers are unable to enter the job market due to restrictions on expressing their religion. Even though solutions to the teacher shortage and the subsequent decline of the quality of education can be found herein, much remains unclear, such as the crucial question of which educational institutions can be considered REE. Therefore, this project aims to contribute to the theoretical understanding of religious-ethos employment, both in a broader European context and a specific Flemish educational context, as well as to the practical implication of solutions to the teacher shortage. It will combine a classical legal study with a qualitative empirical methodology to address the issues holistically and to formulate context-specific recommendations. By doing so, the research will have a broad impact both on academia and outside, by offering tangible benefits and fostering inclusive workplaces, thereby safeguarding fundamental rights.

Period	1 Jan 2025 → 31 Dec 2028