Wednesday 21 July 2021

EU's Top Court: Employers May Ban Islamic Headscarves

 

EU's Top Court: Employers May Ban Islamic Headscarves

by Soeren Kern  •  July 21, 2021 at 5:00 am

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  • The judgment is consistent with previous determinations by the Luxembourg-based court, informally known as the European Court of Justice (ECJ), that bans on religious symbols at the workplace are not inherently discriminatory — provided they apply equally to all religions.

  • The significance of the ECJ's decision on the headscarf — arguably the most visible symbol of political Islam in Europe — cannot be overstated: by striking a balance between religious liberty and entrepreneurial freedom, the court has effectively blocked a back-door effort to enshrine Sharia law in European labor law.

  • Islamic head coverings have been a recurring issue in Germany, where the Muslim population has surpassed six million to become approximately 7.2% of the overall population of 83 million.

  • Germany's headscarf debate — which is actively being fueled by groups promoting Islamism and Salafism — is directly linked to ongoing disputes about mass migration and the integration of immigrants into German society.

  • "The headscarf is not neutral. Religious freedom is important, yes. It is important to preserve it, yes. But this basic right also has its limits where a basic social order is violated, and a higher legal interest is affected." — Ahmad Mansour, a Germany-based Israeli-Arab expert on Islam.

(Image source: Transparency International/Flickr)

The Court of Justice of the European Union, the EU's highest court, has ruled that private sector employers within the 27-member bloc are legally entitled to prohibit their employees from wearing Islamic headscarves at the workplace.

The decision states that corporate bans on religious or political symbols are legitimate if employers wish to "present a neutral image towards customers" or to "prevent social disputes."

The judgment is consistent with previous determinations by the Luxembourg-based court, informally known as the European Court of Justice (ECJ), that bans on religious symbols at the workplace are not inherently discriminatory — provided they apply equally to all religions.

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