It will be very hard for employers to legally ban women from wearing hijabs at work. But the far-right are already celebrating.
In the 24 hours since the European Court of Justice (ECJ) published its judgments relating to Muslim women wearing a headscarf at work, much ink has already been spilled on the issue. This seems to be by many who have either not read the judgments or, at least, have not understood them.
On the one hand, the far-right across Europe is celebrating the end of Islamic clothing. On the other, religious rights advocates are mourning the end of freedom of religion in Europe. Both groups seem to base their opinions about the judgments on exaggerated media headlines about the EU’s court banning the Muslim headscarf, and both groups are highly likely wrong.
One fundamental point to be understood is the role of the European Court of Justice (ECJ) and the extent of its powers. The ECJ provides guidance to domestic courts on specific questions of EU law that arise within a case, but does not actually decide the case.
In yesterday’s judgment of Achbita v G4S Secure Solutions NV, about a Muslim female receptionist who was dismissed for wearing a headscarf, the domestic court asked the ECJ a single, simple question: if an employer prohibits all employees from wearing religious symbols at work, is it direct discrimination under EU law if a Muslim woman is prevented from wearing a headscarf due to that policy? [New Statesman] Read more