Conclusion: Why Eweida Won

Abstract

In our conclusion we recap our argumentative strategy and apply it to the most recent high-profile judgment on Article 9, Eweida v UK. We examine to what extent Eweida exhibits the practical turn, and wrestle with an apparent contradiction in the judgment, based on an earlier precedent from the case of Arrowsmith v UK. We note the understanding of the manifestation test in Eweida, and its rejection of the necessity test and of the UK Government’s argument concerning ‘generally recognized practices’. We conclude by looking at the role that the Court sees the symbol as playing.