Headscarves and the Court of Justice of the European Union: An Analysis of the Case Law

This book examines the Islamic headscarf cases of the Court of Justice of the European Union (CJEU) and the background of Islamophobia in Europe. It assesses how EU law can best protect women who want to wear headscarves at work for religious reasons and why this protection is important for the EU's values. It suggests that workplace neutrality bans could be more successfully challenged as gender, racial or ethnic origin discrimination, and that a claim for intersectional discrimination should be possible in EU anti-discrimination law.

Format: Hardback
Length: 186 pages
Publication date: 20 December 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate examination of Islamic headscarf cases before the Court of Justice of the European Union (CJEU), placing them within the broader context of Islamophobia prevalent across Europe. It assesses the potential of EU law to safeguard women who wish to wear headscarves at work for religious purposes, emphasizing the significance of this protection not only for the individual women but also for the EU, considering its values as outlined in the Treaties, the Charter of Fundamental Rights of the EU, and the anti-discrimination Directives. The book presents compelling arguments supporting the conclusion that workplace neutrality bans constitute direct religion or belief discrimination. It also explores the application of the justification test for indirect discrimination by the CJEU in these cases. Furthermore, the work suggests that such bans could be more effectively challenged as gender, racial, or ethnic origin discrimination, as the protection against these forms of discrimination is stronger in EU anti-discrimination law. Additionally, the book proposes the possibility of a claim for intersectional discrimination, grounded in gender, racial and ethnic origin, and religion or belief, within the framework of EU anti-discrimination law.

This book appeals to a wide range of scholars, researchers, and policy-makers engaged in the fields of equality and non-discrimination law, EU law, and law and religion. It offers valuable insights and perspectives on these critical issues, contributing to the ongoing discourse on the intersection of law, religion, and societal norms.

Weight: 520g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032426990