Headscarves and the Court of Justice of the European Union: An Analysis of the Case Law

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Erica Howard (Middlesex University, UK)

Headscarves and the Court of Justice of the European Union

An Analysis of the Case Law

Erica Howard (Middlesex University, UK)

$284

Hardback

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English

Routledge
20 December 2023

Islamic life & practice; Law & society; Human rights & civil liberties law; Case law

This book contains an in-depth examination of the Islamic headscarf cases of the Court of Justice of the European Union (CJEU) 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 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 its values 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 workplace neutrality bans constitute direct religion or belief discrimination and examines the way that the justification test for indirect discrimination has been applied by the CJEU. The work 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. The book will be of interest to academics, researchers and policy-makers working in the areas of equality and non-discrimination law, EU law and law and religion.

By: Erica Howard (Middlesex University UK)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 520g
ISBN: 9781032426990
ISBN 10: 1032426993
Pages: 186
Publication Date: 20 December 2023
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

1. General and Legal Background; 2 . Achbita and Bougnaoui; 3. Wabe and Müller, LF v. SCRL and OP v. Commune d’Ans; 4. Direct and Indirect discrimination; 5. Justification; 6. Gender and racial and ethnic origin discrimination; 7. Multiple discrimination; 8. Conclusion;

Erica Howard is Professor of Law, Middlesex University, UK