LAUSR.org creates dashboard-style pages of related content for over 1.5 million academic articles. Sign Up to like articles & get recommendations!

Headscarves and the CJEU: Protecting fundamental rights and pandering to prejudice, the CJEU does both

Photo by unseenhistories from unsplash

The CJEU judgment in the two latest Islamic headscarf cases was handed down in July 2021. The judgment allows employers to ban the wearing of religious and other symbols by… Click to show full abstract

The CJEU judgment in the two latest Islamic headscarf cases was handed down in July 2021. The judgment allows employers to ban the wearing of religious and other symbols by employees, but it does specify under what conditions this can be done. This article builds on a previous article on the opinion of AG Rantos and the Shadow Opinion of former AG Sharpston and analyses the judgment in detail. It argues that the judgment is an improvement on the previous CJEU headscarf judgments in that it provides more protection for fundamental human rights. However, the CJEU also appears to allow employers to a certain extent to pander to the prejudicial wishes of their customers. The article concludes that the judgment presents a small glimmer of hope that the CJEU might be moving – albeit very slowly - towards more protection of Muslim women who want to wear headscarves at work for religious reasons.

Keywords: headscarves cjeu; rights pandering; cjeu protecting; fundamental rights; cjeu; protecting fundamental

Journal Title: Maastricht Journal of European and Comparative Law
Year Published: 2022

Link to full text (if available)


Share on Social Media:                               Sign Up to like & get
recommendations!

Related content

More Information              News              Social Media              Video              Recommended



                Click one of the above tabs to view related content.