Dr Erica Howard


Dr Erica Howard
NameDr Erica Howard
Job titleEmeritus Professor
Research institute
Primary appointmentLaw and Social Sciences
Email addressE.Howard@mdx.ac.uk
ORCIDhttps://orcid.org/0000-0003-0848-5033
Contact categoryResearcher

Biography

Biography

Erica Howard is Emeritus Professor of law. She joined Middlesex in 2007 and previously briefly taught European Union Law at the University of Hertfordshire. She holds a doctorate in law from the University of London on the subject of race and racial discrimination within the European Union.

Erica's areas of research are equality and discrimination law, human rights and European law. She has published widely on topics within this area including racial discrimination, religious discrimination and freedom of religion, freedom of speech, multiple discrimination and the right to equality. She has been involved in two projects for the British Equality and Human Rights Commission, a project on the right to freedom of religion or belief and its intersection with other rights for ILGA-Europe and two major European research projects on multiple discrimination; and a EU funded project on homo and transphobia in small and medium cities in Europe.

Erica has written a research study for the EU Parliament Research Service on the implementation of Directive 2000/78/EC with regard to the principle of non-discrimination on the basis of religion or belief. She has also written a report commissioned by the European Network of Legal Experts in Gender Equality and Non-discrimination for the European Commission, on 'Religious Clothing and Symbols in Employment'. Her recent research includes freedom of expression and religious hate speech.

Erica has supervised to completion six PhD students studying freedom of speech and defamation, disability discrimination, vulnerable domestic workers, age discrimination, the refugee pay gap  and vulnereable groups and protection of social rights.

PhD European Law (Queen Mary, University of London - 2007); LLM International Law (University of Hertfordshire - 1999); MA Sociology and Law (Brunel University - 1985); Masters in Law (Tilburg University, Holland - 1979); Senior Fellow of the Higher Education Academy (2018). Post-graduate Certificate of Higher Education (Middlesex, 2009).

Education and qualifications

Grants

Projects

  • PHS Quality, Job Quality and Industrial Relations in the Personal and Household Services Sector
  • DIVERCITY Preventing and combating homo- and transphobia in small and medium cities across Europe,

Prizes and Awards

Research outputs

OP v Commune d'Ans: another step in the wrong direction for headscarf wearing women

Howard, E. 2024. OP v Commune d'Ans: another step in the wrong direction for headscarf wearing women. Industrial Law Journal. https://doi.org/10.1093/indlaw/dwae008

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

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

Op-Ed: The Court of Justice and headscarves at work: discretion in EU anti-discrimination law: a dangerous precedent (Case C-148/22 OP v Commune d’Ans)

Howard, E. 2023. Op-Ed: The Court of Justice and headscarves at work: discretion in EU anti-discrimination law: a dangerous precedent (Case C-148/22 OP v Commune d’Ans). EU Law Live Sociedad Limitada.

LF v SCRL and the CJEU’s failure to engage with the reality of Muslim women in the labour market

Howard, E. 2023. LF v SCRL and the CJEU’s failure to engage with the reality of Muslim women in the labour market. Industrial Law Journal. 52 (4), pp. 997-1014. https://doi.org/10.1093/indlaw/dwad024

Op-Ed: Encouraging tolerance and respect and accepting a greater degree of diversity … but not for Muslim women (Case C344/20 LF v SCRL)

Howard, E. 2022. Op-Ed: Encouraging tolerance and respect and accepting a greater degree of diversity … but not for Muslim women (Case C344/20 LF v SCRL). EU Law Live Sociedad Limitada.

Bans on the wearing of Burqas, Niqabs and Hijabs, religious freedom and the secular nature of the state

Howard, E. 2022. Bans on the wearing of Burqas, Niqabs and Hijabs, religious freedom and the secular nature of the state. in: Bhuiyan, M. and Black, A. (ed.) Religious Freedom in Secular States: A 21st Century Perspective Leiden, The Netherlands Brill | Nijhoff.

Equality as an EU value

Howard, E. 2022. Equality as an EU value. in: Garben, S. and Gormley, L. (ed.) Oxford Encyclopedia of EU Law Oxford Oxford University Press (OUP).

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

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

Hate speech

Howard, E. 2022. Hate speech. in: Binder, C., Nowak, M., Hofbauer, J. and Janig, P. (ed.) Elgar Encyclopedia of Human Rights Cheltenham, UK Edward Elgar.

Religious clothing

Howard, E. 2022. Religious clothing. in: Binder, C., Nowak, M., Hofbauer, J. and Janig, P. (ed.) Elgar Encyclopedia of Huamn Rights Cheltenham, UK Edward Elgar.

Headscarf-wearing employees and the CJEU: what employers can and cannot do

Howard, E. 2021. Headscarf-wearing employees and the CJEU: what employers can and cannot do. ERA Forum. 22 (4), pp. 687-698. https://doi.org/10.1007/s12027-021-00689-z

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

Howard, E. 2021. Headscarves and the CJEU: protecting fundamental rights or pandering to prejudice. Maastricht Journal of European and Comparative Law. 28 (5), pp. 648-666. https://doi.org/10.1177/1023263X211028427

German headscarf cases at the ECJ: a glimmer of hope? [Blog post]

Howard, E. 2021. German headscarf cases at the ECJ: a glimmer of hope? [Blog post]. European Law Blog European Law Blog.

Human dignity principle in the United Kingdom

Howard, E. 2020. Human dignity principle in the United Kingdom. Global Human Dignity Project.

Introduction

Dominguez-Redondo, E. and Howard, E. 2020. Introduction. in: Howard, E., Dominguez-Redondo, E. and Baéz, N. (ed.) Affirmative Action and the Law: Efficacy of National and International Approaches London / New York Routledge. pp. 3-12

Universalism or fragmentation: United Nations treaty-bodies and affirmative actions in Latin-America, the United Kingdom, South Africa, China and India

Dominguez-Redondo, E. 2020. Universalism or fragmentation: United Nations treaty-bodies and affirmative actions in Latin-America, the United Kingdom, South Africa, China and India. in: Howard, E., Dominguez-Redondo, E. and Baéz, N. (ed.) Affirmative Action and the Law: Efficacy of National and International Approaches London / New York Routledge. pp. 13-35

Achieving substantive equality: mainstreaming duties to complement affirmative action measures

Howard, E. 2020. Achieving substantive equality: mainstreaming duties to complement affirmative action measures. in: Howard, E., Dominguez-Redondo, E. and Beaz, N. (ed.) Affirmative Action and the Law: Efficacy of National and International Approaches London / New York Routledge. pp. 198-212

Effectiveness of affirmative action measures in the United Kingdom and South Africa

Howard, E. 2020. Effectiveness of affirmative action measures in the United Kingdom and South Africa. in: Howard, E., Dominguez-Redondo, E. and Baéz, N. (ed.) Affirmative Action and the Law: Efficacy of National and International Approaches London / New York Routledge. pp. 58-77

Affirmative action and the law: efficacy of national and international approaches

Howard, E., Dominguez-Redondo, E. and Baéz, N. (ed.) 2020. Affirmative action and the law: efficacy of national and international approaches. London / New York Routledge.

Women on corporate boards of public listed companies - a UK and EU gender diversity conundrum

Nsubuga, H. 2020. Women on corporate boards of public listed companies - a UK and EU gender diversity conundrum. in: Howard, E., Dominguez-Redondo, E. and Baéz, N. (ed.) Affirmative Action and the Law: Efficacy of National and International Approaches London and New York Routledge. pp. 163-178

Headscarves return to the CJEU: unfinished business

Howard, E. 2020. Headscarves return to the CJEU: unfinished business. Maastricht Journal of European and Comparative Law. 27 (1), pp. 10-28. https://doi.org/10.1177/1023263X19889247

Political rhetoric, freedom of expression and hate speech against religious believers

Howard, E. 2020. Political rhetoric, freedom of expression and hate speech against religious believers. in: Vidmar, J. (ed.) European populism and human rights Leiden, The Netherlands Brill | Nijhoff. pp. 193-214

Freedom of religion or belief and the wearing of religious symbols

Howard, E. 2020. Freedom of religion or belief and the wearing of religious symbols. in: Portaru, A. (ed.) A precious asset? Analyzing religious freedom protections in Europe Vienna, Austria Kairos Publications. pp. 69-98

Law and the wearing of religious symbols in Europe

Howard, E. 2019. Law and the wearing of religious symbols in Europe. Abingdon/New York Routledge.

Ritual slaughter and religious freedom

Howard, E. 2019. Ritual slaughter and religious freedom. Common Market Law Review. 56 (3), pp. 803-824.

Protection des personnes LGBT+ en Europe : le cadre juridique national et de l’EU [LGBT+ Protection In Europe: the EU and National Legal Framework]

Howard, E. 2019. Protection des personnes LGBT+ en Europe : le cadre juridique national et de l’EU [LGBT+ Protection In Europe: the EU and National Legal Framework]. Droit et Cultures. 77 (1), pp. 21-37.

Andras Koltay The Troubled Relationship Between Religions and the State Freedom of Expression and Freedom of Religion [Book review]

Howard, E. 2018. Andras Koltay The Troubled Relationship Between Religions and the State Freedom of Expression and Freedom of Religion [Book review]. Human Rights Law Review. 18 (4), pp. 791-795. https://doi.org/10.1093/hrlr/ngy031

Moving hate speech to the civil courts

Howard, E. 2018. Moving hate speech to the civil courts. Anti-Discrimination Law Review. 1 (3), pp. 80-97.

EU anti-discrimination law: has the CJEU stopped moving forward?

Howard, E. 2018. EU anti-discrimination law: has the CJEU stopped moving forward? International Journal of Discrimination and the Law. 18 (2-3), pp. 60-81. https://doi.org/10.1177/1358229118788454

Affirmative action in the UK and South Africa

Howard, E. 2018. Affirmative action in the UK and South Africa. in: Baéz, N. and Dominguez-Redondo, E. (ed.) The Existence and Efficacy of Affirmative Action Measures in UK, South Africa, India, China, Latin America and Brazil Jaocaba, Brazil Editora Unoesc. pp. 185-215

Freedom of expression, blasphemy and religious hatred: a view from the United Kingdom

Howard, E. 2017. Freedom of expression, blasphemy and religious hatred: a view from the United Kingdom. in: Temperman, J. and Koltay, A. (ed.) Blasphemy and Freedom of Expression: Comparative, Theoretical and Historical Reflections after the Charlie Hebdo Massacre Cambridge Cambridge University Press. pp. 595-618

Religious clothing and symbols in employment. A legal analysis of the situation in the EU member states

Howard, E. and Directorate-General for Justice and Consumers (European Commission) 2017. Religious clothing and symbols in employment. A legal analysis of the situation in the EU member states. Luxembourg European Union. https://doi.org/10.2838/380042

Clashing rights? Freedom of religion or belief and equality for LGBT people

Howard, E. 2017. Clashing rights? Freedom of religion or belief and equality for LGBT people. Special Rapporteur on relgion and belief UN.

Freedom of expression and religious hate speech in Europe

Howard, E. 2017. Freedom of expression and religious hate speech in Europe. UK Routledge.

Islamic headscarves and the CJEU: Achbita and Bougnaoui

Howard, E. 2017. Islamic headscarves and the CJEU: Achbita and Bougnaoui. Maastricht Journal of European and Comparative Law. 24 (3), pp. 348-366. https://doi.org/10.1177/1023263X17722326

Freedom of speech versus freedom of religion? The case of Dutch politician Geert Wilders

Howard, E. 2017. Freedom of speech versus freedom of religion? The case of Dutch politician Geert Wilders. Human Rights Law Review. 17 (2), pp. 313-337. https://doi.org/10.1093/hrlr/ngx002

Gratuitously offensive speech and the political debate

Howard, E. 2016. Gratuitously offensive speech and the political debate. European Human Rights Law Review. 6, pp. 636-644.

Indirect discrimination, reasonable accommodation and religion

Howard, E. 2016. Indirect discrimination, reasonable accommodation and religion. in: Cuypers, D. and Vrielink, J. (ed.) Equal is not enough Cambridge/Antwerp/Portland Intersentia.

Implementation of the Employment Equality Directive - The principle of non-discrimination on the basis of religion or belief

Howard, E. and European Parliament: Directorate-General for Parliamentary Research Services 2016. Implementation of the Employment Equality Directive - The principle of non-discrimination on the basis of religion or belief. Brussels European Parliament. https://doi.org/10.2861/783216

Indirect discrimination 15 years on

Howard, E. 2015. Indirect discrimination 15 years on. E Journal of International and Comparative Labour Studies. 4 (3).

Religious rights versus sexual orientation discrimination: a fair deal for everyone

Howard, E. 2015. Religious rights versus sexual orientation discrimination: a fair deal for everyone. Religion and Human Rights: an international journal. 10 (2), pp. 128-159. https://doi.org/10.1163/18710328-12341284

The protection of religious minorities in Europe: strengths and weaknesses

Howard, E. 2015. The protection of religious minorities in Europe: strengths and weaknesses. in: Ippolito, F. and Iglesias Sanchez, S. (ed.) Protecting Vulnerable Groups: The Human Rights Framework Hart Publishing. pp. 181-200

Religion or belief in the workplace and service delivery: findings from a call for evidence

Mitchell, M., Beninger, K., Donald, A., Howard, E. and NatCen Social Research 2015. Religion or belief in the workplace and service delivery: findings from a call for evidence. Equality and Human Rights Commission.

The right to freedom of religion or belief and its intersection with other rights

Donald, A., Howard, E. and ILGA-Europe 2015. The right to freedom of religion or belief and its intersection with other rights. Brussels, Belgium ILGA-Europe.

Islamic veil bans: the gender equality justification and empirical evidence

Howard, E. 2014. Islamic veil bans: the gender equality justification and empirical evidence. in: Brems, E. (ed.) The experiences of face veil wearers in Europe and the law Cambridge, UK Cambridge University Press. pp. 206-217

S.A.S. v France: living together or increased social division?

Howard, E. 2014. S.A.S. v France: living together or increased social division? EJIL-talk: Blog of the European Journal of International Law.

Protecting freedom to manifest one’s religion or belief: Strasbourg or Luxembourg?

Howard, E. 2014. Protecting freedom to manifest one’s religion or belief: Strasbourg or Luxembourg? Netherlands Quarterly of Human Rights. 32 (2), pp. 159-182. https://doi.org/10.1177/016934411403200204

Banning niqabs in public spaces

Howard, E. 2013. Banning niqabs in public spaces. EJIL-talk: Blog of the European Journal of International Law.

Reasonable accommodation of religion and other discrimination grounds in EU law

Howard, E. 2013. Reasonable accommodation of religion and other discrimination grounds in EU law. European Law Review.

The European Court of Human Rights gets it right: a comment on Eweida and others v the United Kingdom

Howard, E. 2013. The European Court of Human Rights gets it right: a comment on Eweida and others v the United Kingdom. EJIL:Talk!.

Equality bodies and individual victims: an example of good practice from the Netherlands

Howard, E. 2012. Equality bodies and individual victims: an example of good practice from the Netherlands. E Journal of International and Comparative Labour Studies. 1 (1-2).

Gendered experiences of racial discrimination: comparative socio-legal research.

Carles, I., Howard, E. and Kofman, E. 2011. Gendered experiences of racial discrimination: comparative socio-legal research. in: Schiek, D. and Lawson, A. (ed.) European Union Non-Discrimination Law and Intersectionality: investigating the triangle of racial, gender and disability discrimination. Ashgate.

Multiple discrimination in law.

Howard, E. 2011. Multiple discrimination in law. Think Equal - Symposium on Multiple Discrimination. National Commission for the Promotion of Equality (NCPE), Malta 01 Nov 2011

Bans on the wearing of religious symbols in British Schools: a violation of the right to non-discrimination?

Howard, E. 2011. Bans on the wearing of religious symbols in British Schools: a violation of the right to non-discrimination? Religion and Human Rights. 6 (2), pp. 127-149.

Banning Islamic veils: is gender equality a valid argument?

Howard, E. 2012. Banning Islamic veils: is gender equality a valid argument? International Journal of Discrimination and the Law. 12 (3), pp. 147-165. https://doi.org/10.1177/1358229112464450

Law and the wearing of religious symbols: European bans on the wearing of religious symbols in education

Howard, E. 2012. Law and the wearing of religious symbols: European bans on the wearing of religious symbols in education. London Routledge.

ECJ advances equality in Europe by giving horizontal direct effect to directives

Howard, E. 2011. ECJ advances equality in Europe by giving horizontal direct effect to directives. European Public Law. 17 (4), pp. 729-743. https://doi.org/10.54648/euro2011046

EU Equality Law: three recent developments

Howard, E. 2011. EU Equality Law: three recent developments. European Law Journal. 17 (6), pp. 785-803. https://doi.org/10.1111/j.1468-0386.2011.00578.x

Case Comment. An opportunity missed? Comment on Romer

Howard, E. 2011. Case Comment. An opportunity missed? Comment on Romer. European Law Review. 36 (4), pp. 589-599.

The impact of gendered and racialised identities on the experience of discrimination

Kofman, E., Howard, E., Vacchelli, E. and Wray, H. 2010. The impact of gendered and racialised identities on the experience of discrimination.

School bans on the wearing of religious symbols: examining the implications of recent case law from the UK.

Howard, E. 2009. School bans on the wearing of religious symbols: examining the implications of recent case law from the UK. Religion and Human Rights: an international journal. 4 (1), pp. 7-24. https://doi.org/10.1163/187103209X440182

The EU race directive: developing the protection against racial discrimination within the EU.

Howard, E. 2009. The EU race directive: developing the protection against racial discrimination within the EU. London Routledge.

Equality: a fundamental right in the EU?

Howard, E. 2009. Equality: a fundamental right in the EU? International Journal of Discrimination and the Law. 10 (1), pp. 19-38.

The EU race directive: time for change?

Howard, E. 2007. The EU race directive: time for change? International Journal of Discrimination and the Law. 8 (4), pp. 237-261.

Race and racism: why does European law have difficulties with definitions?

Howard, E. 2008. Race and racism: why does European law have difficulties with definitions? The international journal of comparative labour law and industrial relations. 24 (1), pp. 1-30.

The case for a considered hierarchy of discrimination grounds in EU law.

Howard, E. 2007. The case for a considered hierarchy of discrimination grounds in EU law. Maastrict Journal of European and Comparative Law. 13 (4), pp. 445-470.

The European year of equal opportunities for all, 2007: is the EU moving away from a formal idea of equality?

Howard, E. 2007. The European year of equal opportunities for all, 2007: is the EU moving away from a formal idea of equality? European Law Journal. 14 (2), pp. 168-185. https://doi.org/10.1111/j.1468-0386.2007.00409.x

The European agency for fundamental rights

Howard, E. 2006. The European agency for fundamental rights. European Human Rights Law Review. 4, pp. 445-455.

Anti race discrimination measures in Europe: an attack on two fronts

Howard, E. 2005. Anti race discrimination measures in Europe: an attack on two fronts. European Law Journal. 11 (4), pp. 468-486. https://doi.org/10.1111/j.1468-0386.2005.00271.x

The EU race directive: its symbolic value - its only value?

Howard, E. 2004. The EU race directive: its symbolic value - its only value? International Journal of Discrimination and the Law. 6 (2), pp. 141-163.
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