{"title":"无菌、宗教中立和色盲:论医疗保健中的宗教符号。","authors":"Naoual El Yattouti","doi":"10.1093/medlaw/fwaf023","DOIUrl":null,"url":null,"abstract":"<p><p>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.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.8000,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Sterile, religiously neutral, and colourblind: on religious symbols in healthcare.\",\"authors\":\"Naoual El Yattouti\",\"doi\":\"10.1093/medlaw/fwaf023\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>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.</p>\",\"PeriodicalId\":49146,\"journal\":{\"name\":\"Medical Law Review\",\"volume\":\"33 3\",\"pages\":\"\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2025-07-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Medical Law Review\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://doi.org/10.1093/medlaw/fwaf023\",\"RegionNum\":4,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medical Law Review","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1093/medlaw/fwaf023","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Sterile, religiously neutral, and colourblind: on religious symbols in healthcare.
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.
期刊介绍:
The Medical Law Review is established as an authoritative source of reference for academics, lawyers, legal and medical practitioners, law students, and anyone interested in healthcare and the law.
The journal presents articles of international interest which provide thorough analyses and comment on the wide range of topical issues that are fundamental to this expanding area of law. In addition, commentary sections provide in depth explorations of topical aspects of the field.