Book contents
- Frontmatter
- Dedication
- Acknowledgements
- Contents
- List of Cases
- List of Abbreviations
- List of Contributors
- An Introduction to the Interdisciplinary Considerations of the “Burqa Ban” Trend: Criminalizing the Trivial or Separating National and International Law?
- PART I Interdisciplinary Perspectives on the Strategy of Prohibition
- PART II Legal Perspectives: Religious Clothing, Law, and a Veil-Wearer’s Experiential Account
- Part II Legal Perspectives: Human Rights Perspectives
- Part II Legal Perspectives: National Perspectives
- PART III Responses To Otherness: Gender, Race, And The Veil Factor
- Epilogue
- Index
- About the Editors
Wearing Religious Clothing at the Workplace in EU Law and the Risks of a “Neutrality Policy” in Private Employment
Published online by Cambridge University Press: 10 December 2021
- Frontmatter
- Dedication
- Acknowledgements
- Contents
- List of Cases
- List of Abbreviations
- List of Contributors
- An Introduction to the Interdisciplinary Considerations of the “Burqa Ban” Trend: Criminalizing the Trivial or Separating National and International Law?
- PART I Interdisciplinary Perspectives on the Strategy of Prohibition
- PART II Legal Perspectives: Religious Clothing, Law, and a Veil-Wearer’s Experiential Account
- Part II Legal Perspectives: Human Rights Perspectives
- Part II Legal Perspectives: National Perspectives
- PART III Responses To Otherness: Gender, Race, And The Veil Factor
- Epilogue
- Index
- About the Editors
Summary
Abstract
Starting from framing the principle of non-discrimination and religious freedom in the European Union (EU) context, this chapter investigates the issue of wearing religious clothing at the workplace in light of the application and interpretation of the 2000 Employment Equality Directive establishing a general framework for equal treatment in employment in EU Member States. In particular, it shows that the choice of employees to wear religious symbols or clothing has given rise to issues of balance among opposing rights (freedom of thought, conscience and religion v. freedom to conduct a business). It highlights the danger of indirect discrimination when an apparently neutral provision, criterion, or practice disadvantages persons of a particular religion compared to others (Article 2.b), and the different treatments exceptionally admitted as’ genuine occupational requirements’ (Article 4). Indeed, religious freedom, and in this specific case the freedom of employees to wear religious clothing, might conflict with the employer's economic interests and/or activity. Furthermore, a “neutrality policy” in the workplace related to the freedom to conduct a business, as provided in Article 16 of the EU Charter of Fundamental Rights, can lead to disproportionate discrimination on the basis of religion, hence risking the prevalence of the employer's economic interests. From this perspective, the chapter emphasizes that in recent years, wearing religious clothing has become a crucial issue in regard to equal treatment in private employment and the protection of fundamental rights that end up being assessed by national courts on a case-by-case basis.
Introductory Remarks
Since ancient times, religion has influenced the history of humanity and has been deemed one of the characteristic freedoms of the rule of law affirmed in the most important constitutional documents since the end of the eighteenth century as well as in international and supranational charters of rights. Today, the right to religion is a public right that falls within the rights of freedom and includes a series of substantive contents, such as the freedom to choose a belief or to not profess any belief, the freedom to exercise a religious cult, the freedom of religious propaganda, or constituting or belonging to associations of a religious nature.
- Type
- Chapter
- Information
- Law, Cultural Studies and the 'Burqa Ban' TrendAn Interdisciplinary Handbook, pp. 131 - 146Publisher: IntersentiaPrint publication year: 2021