Reconceptializing equality.pdf (214.38 kB)
Re-conceptualizing equality in the work place: a reading of the latest CJEU’s opinions over the practice of veiling
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 ReligionISSN
2047-0770Publisher
Oxford University PressExternal DOI
Issue
2Volume
7Page range
296-312Department 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
2018-06-29First Open Access (FOA) Date
2020-07-05First Compliant Deposit (FCD) Date
2018-06-28Usage metrics
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