Headscarves and the CJEU: protecting fundamental rights and pandering to prejudice: the CJEU does both
Article
Howard, E. 2022. Headscarves and the CJEU: protecting fundamental rights and pandering to prejudice: the CJEU does both. Maastricht Journal of European and Comparative Law. 29 (2), pp. 245-262. https://doi.org/10.1177/1023263X221080557
Type | Article |
---|---|
Title | Headscarves and the CJEU: protecting fundamental rights and pandering to prejudice: the CJEU does both |
Authors | Howard, E. |
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. |
Research Group | Law and Politics |
Publisher | Schulthess Juristische Medien |
Journal | Maastricht Journal of European and Comparative Law |
ISSN | 1023-263X |
Electronic | 2399-5548 |
Publication dates | |
Online | 28 Feb 2022 |
01 Apr 2022 | |
Publication process dates | |
Deposited | 31 Jan 2022 |
Accepted | 29 Jan 2022 |
Output status | Published |
Publisher's version | License |
Accepted author manuscript | File Access Level Restricted |
Copyright Statement | Howard E. Headscarves and the CJEU: protecting fundamental rights and pandering to prejudice, the CJEU does both. Maastricht Journal of European and Comparative Law. 2022;29(2):245-262. Copyright © 2022 The Author(s). DOI: 10.1177/1023263X221080557. |
Digital Object Identifier (DOI) | https://doi.org/10.1177/1023263X221080557 |
Language | English |
https://repository.mdx.ac.uk/item/89q6x
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