EU Court: Members Can Prohibit Headscarf, Other Symbols in Public Offices

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Facts

  • The European Union’s top court ruled on Tuesday that member states can prohibit public employees from wearing overt signs of their religious beliefs. The ruling is most pertinent to the use of Islamic headscarves, which has long been a divisive issue in Europe.1
  • The European Court of Justice's (ECJ) decision came in response to a case brought by a Muslim woman who was told she could not wear her headscarf at work. The woman worked as a public employee in the eastern Belgian municipality of Ans and said the ban was discriminatory.2
  • However, the ECJ said that a rule against public officials wearing visible religious symbols 'is not discriminatory if it is applied in a general and indiscriminate manner to all of that administration’s staff and is limited to what is strictly necessary.'3
  • The court says that states have an interest in maintaining an 'entirely neutral administrative state' and that wearing blatant religious symbols could detract from the legitimate aim of maintaining neutrality. However, the ECJ ruled that public authorities have discretion to allow visible signs of religious or philosophical beliefs.4
  • The ECJ first rendered a decision regarding the controversial use of Muslim headscarves in 2017, when it found that the garments could be banned, but only as part of a broader policy extending to all religious and political symbols. In 2021, it upheld its ruling in a case brought by two Muslim women in Germany.5
  • The issue is emblematic of broader social, cultural, and religious strife brought by Muslim migration to Europe. In 2004, France banned Islamic headscarves, and all religious coverings in schools.6

Sources: 1Reuters, 2BBC News (a), 3Politico, 4The Guardian, 5Independent and 6BBC News (b).

Narratives

  • Left narrative, as provided by IQNA. The EU continues to target Muslims, and the ECJ’s latest ruling is yet another setback for the rights of Muslim women and girls. Citing 'neutrality' as a 'legitimate' aim, the EU’s top court greenlighted discrimination against Muslim women in a decision that will dissuade those of the Islamic faith from public service.
  • Right narrative, as provided by European Conservative. European countries have a right to maintain neutrality in their public offices, and groups don't have special privileges to defy established codes regarding dress codes. Countries such as France and Belgium have long-standing traditions of maintaining a neutral and secular environment in all public spaces, and can't modify values based on mass immigration or other trends.