Headscarves and the Court of Justice of the European Union: an analysis of the case law

Authored Book


Howard, E. 2023. Headscarves and the Court of Justice of the European Union: an analysis of the case law. London Routledge.
TypeAuthored Book
TitleHeadscarves and the Court of Justice of the European Union: an analysis of the case law
AuthorsHoward, E.
Abstract

This book contains an in-depth examination of the Islamic headscarf cases of the Court of Justice of the European Union and places these against the background of the Islamophobia existing across Europe. It assesses how EU law can best protect women who want to wear Islamic headscarves at work for religious reasons and why this protection is important not only for the women themselves but also for the EU, taking into account the values of the EU as laid down in the Treaties, the Charter of Fundamental Rights of the EU and in the anti-discrimination Directives. It puts forward arguments for a finding that work place neutrality bans constitute direct religion or belief discrimination and examines the way the justification test for indirect discrimination has been applied by the CJEU. The book suggests that such bans could be more successfully challenged as gender and/or racial or ethnic origin discrimination, because the protection against these forms of discrimination is stronger. It also suggests that a claim for intersectional discrimination (on the grounds of gender, racial and ethnic origin and religion or belief) should be possible in EU anti-discrimination law.

Sustainable Development Goals5 Gender equality
8 Decent work and economic growth
10 Reduced inequalities
Research GroupLaw and Politics
LanguageEnglish
ISBN
Hardcover9781032426990
Electronic9781003363866
PublisherRoutledge
Place of publicationLondon
Copyright Year2024
Publication dates
Online20 Dec 2023
Print20 Dec 2023
Publication process dates
Deposited05 Jun 2023
Submitted29 May 2023
Output statusPublished
Web address (URL)https://www.routledge.com/9781032426990
Digital Object Identifier (DOI)https://doi.org/10.4324/9781003363866
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