Headscarves and the CJEU: protecting fundamental rights or pandering to prejudice

Howard, Erica ORCID: https://orcid.org/0000-0003-0848-5033 (2021) Headscarves and the CJEU: protecting fundamental rights or pandering to prejudice. Maastricht Journal of European and Comparative Law, 28 (5) . pp. 648-666. ISSN 1023-263X [Article] (doi:10.1177/1023263X211028427)

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Abstract

This article examines the Opinion of AG Rantos in two cases concerning Islamic headscarves before the CJEU and argues that this Opinion appears to give almost carte blanche to (private) employers to adopt neutrality policies in their workplaces based on the wishes of their customers. In doing so, the AG appears to allow employers to pander to the prejudices of their customers and to push believers, and especially Muslim women, even further out of sight. It is argued that this affects not only the employment opportunities, but also the social inclusion of people from groups especially vulnerable to discrimination and that this goes against the founding values of the EU. The CJEU now has a choice: it can choose to protect the fundamental rights of religious minorities by taking these rights into account when assessing the two cases before it, or it can allow employers to pander to the prejudice of customers against people from religious minorities.

Item Type: Article
Research Areas: A. > School of Law > Law and Politics
Item ID: 33291
Notes on copyright: Howard E. Headscarves and the CJEU: Protecting fundamental rights or pandering to prejudice. Maastricht Journal of European and Comparative Law. 2021;28(5):648-666. doi: 10.1177/1023263X211028427
© The Author(s) 2021.
Published Manuscript: Open Access: CC-BY: Content may be copied, adapted, displayed, distributed, republished or otherwise reused for any purpose including for adaptation and commercial use provided the content is attributed. (For more details about the CC-BY Attribution only licence, visit: https://creativecommons.org/licenses/by/4.0/).
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Depositing User: Erica Howard
Date Deposited: 21 May 2021 09:47
Last Modified: 03 Dec 2021 11:24
URI: https://eprints.mdx.ac.uk/id/eprint/33291

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