The court justifies its decision by invoking a “neutrality” clause that rights activists have previously accused of “opening the door to widespread employment discrimination.”
The Supreme Court of the European Union (EU) has ruled in favor of banning women wearing headscarves from entering the workplace, part of broader restrictions that the ban applies to all workers. It said it does not constitute discrimination if it is.
The decision has been criticized by rights activists, with some calling it a violation of “free choice, expression, belief, and[women’s]physical autonomy.”
Forcing women to wear the hijab and forcing them to take it off are two sides of the same coin.
Both violate women’s rights, including free choice, expression, belief, and bodily autonomy. https://t.co/f8amenXdJV
— Mobashura (@mobbiemobes) October 14, 2022
The Court of Justice of the European Union (CJEU) cites a case of a woman who brought her company to court for rejecting her internship application after refusing to remove her headscarf to comply with company policy.
It’s just the latest in a series of controversial rulings and laws that claim European Muslims discriminate against them.
The company says it has a neutral rule that no head coverings, be it beanies, hats or headscarves, are allowed.
The woman took the case to the Belgian Labor Court for the opinion of the CJEU.
“Internal corporate rules prohibiting the visible wearing of religious, philosophical, or spiritual symbols, if applied to all workers in a general and non-discriminatory manner, constitute direct discrimination. No,” said the judge.
But rights activists and legal experts have so far poked holes in the court’s “neutrality” claim.
According to Human Rights Watch, the ground of neutrality “has been used in the past to justify similar public sector bans, but this extends its logic to the private sector, where widespread employment discrimination exists. opened the door to
Hilary Margolis, senior researcher at Human Rights Watch, said in June, “The court’s reasoning that permitting religious attire could impair a company’s ability to operate is a truism for employees who wear religious attire. based on the flawed logic that a client’s objection to wearing a may legitimately trump an employee’s rights.” While responding to a similar ruling on a case heard in a German court last year.
In its latest ruling, the CJEU said that “religion and belief” must be treated as a single ground of discrimination in order to avoid undermining the general principle set out in EU law on equal treatment in employment and occupation. said.
But such legal decisions have already affected thousands of Muslim women across Europe.
In Germany, for example, many Muslim women quit teaching and civil service jobs as courts forced them to choose between removing their headscarves and giving up their careers.
In Germany, a ban on religious attire and symbols for teachers and other civil servants has forced some Muslim women to abandon teaching.
In France, women who wear a niqab or burqa that completely covers their face and body in public are fined €150.
Last summer, the country’s Supreme Administrative Court upheld an existing ban banning women from wearing burkinis (one-piece swimsuits that cover the whole body) in public swimming pools.
Another French court ruling in 2014 banned face coverings and encouraged police to fine 600 Muslim women within three years. This decision was upheld by the European Court of Human Rights.
Similarly, France passed a law banning the wearing of headscarves in public schools in 2004, depriving many Muslim girls of their right to education.
The CJEU stipulates in the new ruling that a duty of neutrality can result in “certain prejudices to those who adhere to certain religions or beliefs.” In such cases, the CJEU has the responsibility to deliver justice to the district court.
It’s infuriating to see people stop noticing commonalities after the word ‘hijab’. Hijab is not a matter, it is about bodily autonomy, the right to practice religion, the right to speech and expression, and the right to education.
/Four
— Subha Nivedha (@NivedhaSubha) October 14, 2022
In 2020, the Austrian Constitutional Court has dealt a heavy blow to those who oppose headscarves. In its ruling, the court overturned a ban that prohibited girls under the age of 10 from wearing headscarves at school.
The court said the law was clearly aimed at alienating Muslims.
Source: TRT World
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