Sterile, religiously neutral, and colourblind: on religious symbols in healthcare.

Abstract

This article explores the right of caregivers to wear religious dress in Europe, focusing on four countries: France, Belgium, the UK, and the Netherlands. It highlights the varying approaches to secularism, with stricter scrutiny on prohibitions in the UK and the Netherlands, while France and Belgium lean towards a form of outward neutrality that prohibits religious symbols, particularly in public services. While prohibitions on religious dress for caregivers might aim to protect the rights to equal treatment of patients, it raises concerns about its compatibility with equality law. Despite a shared European human rights framework, these policies result in inconsistent legal outcomes across countries, challenging the principles of non-discrimination and religious freedom. The article also questions the justification of blanket bans under health and safety standards, emphasizing the need for reasonable accommodation. Furthermore, it stresses that any restrictions on religious dress that are in place to protect the rights and freedoms of others should be based on objective, evidence-based reasoning. In this sense, patients' perceptions of religious symbols should not be generalized, especially considering the rights of minoritized or religious patients.