Religious dress in the healthcare setting: Unpacking legal arguments and balancing individual rights

Abstract

This article explores the complex debate surrounding healthcare providers seeking to express their religious beliefs through the wearing of religious attire considering critical legal, ethical, and practical aspects. Drawing insights from the jurisprudence of the European Court of Human Rights and European Court of Justice, it sheds light on the implications for healthcare settings. The study highlights the sensitivity of the healthcare context, where specific arguments surface, such as the debated significance of religious neutrality given the vulnerability of patients and concerns about health and safety. Difficulties may arise when patients feel discomfort when treated by visibly religious healthcare providers. However, patients’ preferences regarding the religious neutrality of healthcare providers cannot be generalised, especially when considering the needs of certain minoritised communities. Furthermore, questions can be raised about the admissibility of potentially accommodating prejudice through prohibitions on religious dress. The article further examines hygiene and safety arguments used by healthcare institutions to restrict religious attire, arguing that while health and safety standards are crucial, scientific support for outright bans is limited, especially considering the possibility of reasonable adjustments. The central theme is the necessity for balanced considerations while upholding religious freedom and prioritising patient care, with particular emphasis going on the idea that the needs of patients cannot be generalised.