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- Title
The Ministerial Exception: European Balancing in the Spanish Context.
- Authors
Garcimartín, Carmen
- Abstract
In Spanish law, religious denominations and their ministers benefit from certain juridical statutes that recognize their special nature. These norms, while not numerous, are spread all over the juridical system. This article first of all deals with the concept of religious denomination from a legal perspective in Spanish law. Second, the article analyses the acts and statutes that establish a special regime for religious ministers, both from the personal perspective and considering the religious entity as employer. Third, it discusses positive discrimination, the preferred term in Spain for affirmative action. Finally, it deals with a controversial issue in Spain: the status of teachers of religion, with a special reference to the case-law on the matter.
- Subjects
SPAIN; EXEMPTION (Law); FREEDOM of religion; LEGAL status of the clergy; DISCRIMINATION -- Religious aspects; RELIGIOUS educators
- Publication
Oxford Journal of Law & Religion, 2015, Vol 4, Issue 2, p260
- ISSN
2047-0770
- Publication type
Article
- DOI
10.1093/ojlr/rwv005