Kosteski v. former Yugoslav Republic of Macedonia, No. 55170/00, ECtHR (Third Section), 13 July 2006

The employer’s request to prove the employee’s religious affiliation in order to legitimately enjoy certain privileges in the workplace does not breach art. 9 of the ECHR.

Art. 9 ECHR

1. The ritual precepts of some religions can, sometimes, conflict with the professional obligations of their followers and require that their employer (public or private) take specific measures to reconcile them. However, article 9 of the ECHR does not guarantee, as such, the right of the worker to take time off from work on religious holidays.

2. When the national law establishes a special privilege or exemption for members of a religious community, especially in matters of employment, it is not contrary to Article 9 to place the burden on the interested party on providing at least a minimum justification of the reality of his belonging to this community in order to benefit from this special treatment.