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Re-conceptualizing equality in the work place: a reading of the latest CJEU’s opinions over the practice of veiling

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journal contribution
posted on 2023-06-09, 14:00 authored by Giorgia BaldiGiorgia Baldi
This article analyses the definition of religion adopted by the Court of Justice of the European Union in its latest opinions concerning the wearing of the headscarf in the workplace. It argues that, by adopting a secular/liberal definition of religion and linking religious freedom to individual autonomy, the CJEU creates a fixed legal and religious subject who is free and at the same time compelled to experience religion in a particular way. This, in turn, has two important implications: first, it creates a problem of equality as it distinguishes between different equality grounds. Second, contrary to liberal claims to secure the plurality and respect of religious minorities, it opens the door to the exclusion of veiled Muslim women from the European labour market.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Oxford Journal of Law and Religion

ISSN

2047-0770

Publisher

Oxford University Press

Issue

2

Volume

7

Page range

296-312

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex Centre for Human Rights Research Publications
  • Sussex European Institute Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-06-29

First Open Access (FOA) Date

2020-07-05

First Compliant Deposit (FCD) Date

2018-06-28

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