OP v Commune d'Ans: another step in the wrong direction for headscarf wearing women
Article
Howard, E. 2024. OP v Commune d'Ans: another step in the wrong direction for headscarf wearing women. Industrial Law Journal. 53 (2), p. 305–320. https://doi.org/10.1093/indlaw/dwae008
Type | Article |
---|---|
Title | OP v Commune d'Ans: another step in the wrong direction for headscarf wearing women |
Authors | Howard, E. |
Abstract | This article analyses and criticises the latest Court of Justice of the European Union (CJEU) case concerning the wearing of Muslim headscarves at work. OP was refused permission to wear a Muslim headscarf at work because her employer, a public authority, had a policy of exclusive neutrality, prohibiting employees from wearing any form of religious clothing or symbols. The CJEU judgment limits the employment opportunities of Muslim women who want to wear headscarves for religious reasons and allows member states and infra-state bodies a margin of discretion to decide whether to ban religious clothing and symbols for all employees, only for employees who come into contact with service users or not to ban such items at all; and, it ignores any possibility of the presence of gender, race or multiple discrimination. Prohibitions on religious clothing and symbols affect especially Muslim women, who are often from a non-European background and thus could amount to gender discrimination, race discrimination and to discrimination on a combination of religion or belief, gender and racial or ethnic origin. |
Keywords | headscarves; religious discrimination; Court of Justice of the EU; gender discrimination; race discrimination; intersectional discrimination |
Sustainable Development Goals | 10 Reduced inequalities |
Middlesex University Theme | Health & Wellbeing |
Publisher | Oxford University Press (OUP) |
Journal | Industrial Law Journal |
ISSN | 0305-9332 |
Electronic | 1464-3669 |
Publication dates | |
Online | 08 May 2024 |
27 Jun 2024 | |
Publication process dates | |
Accepted | 26 Mar 2024 |
Deposited | 22 Mar 2024 |
Output status | Published |
Accepted author manuscript | File Access Level Open |
Copyright Statement | This is a pre-copyedited, author-produced version of an article accepted for publication in Industrial Law Journal following peer review. The version of record Erica Howard, OP v Commune d’Ans: Another Step in the Wrong Direction for Headscarf-Wearing Women, Industrial Law Journal, 2024;, dwae008, is available online at: https://doi.org/10.1093/indlaw/dwae008 |
Digital Object Identifier (DOI) | https://doi.org/10.1093/indlaw/dwae008 |
Language | English |
https://repository.mdx.ac.uk/item/10295w
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