This article contains an analysis of the recent CJEU cases on the wearing of

Copyright and moral rights to this thesis/research project are retained by the author and/or other copyright owners. The work is supplied on the understanding that any use for commercial gain is strictly forbidden. A copy may be downloaded for personal, non-commercial, research or study without prior permission and without charge. Any use of the thesis/research project for private study or research must be properly acknowledged with reference to the work's full bibliographic details.This thesis/research project may not be reproduced in any format or medium, or extensive quotations taken from it, or its content changed in any way, without first obtaining permission in writing from the copyright holder(s).If you believe that any material held in the repository infringes copyright law, please contact the Repository Team at Middlesex University via the following email address:eprints@mdx.ac.ukThe item will be removed from the repository while any claim is being investigated. 1 Banning Islamic Veils -Is Gender Equality a Valid Argument?Erica Howard, Middlesex University Abstract:Bans on the wearing of Islamic head scarves and veils are often said to be necessary for the promotion of gender equality. In this article, I argue that this is based on a stereotypical view of Islam and of Muslim women which ignores the many different reasons why women wear headscarves and veils. I also argue that bans are unnecessary and even counterproductive to achieving gender equality.For those women who wear these garments because they freely choose to do so, bans are not necessary to promote their equality. And, for those women who are pressured into wearing headscarves or veils, bans could well work against promoting their equality, because they could prevent them from getting an education and a job and could lead to their isolation from society..

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In 2017, the CJEU brought out its judgments in two cases concerning bans on the wearing of Islamic headscarves at work as possible discrimination on the grounds of religion or belief under Directive 2000/78/EC. These judgments led to heavy criticism, mainly because the CJEU did not do a rigorous proportionality test and left a number of questions open. Two recent preliminary references from courts in Germany present the CJEU with an opportunity to expand on the earlier judgments and to answer the questions they left open. It is submitted that the CJEU should deal with this unfinished business in a way which respects Europe’s religious diversity and ensures that the ground of religion and belief does not become the poor relation of EU anti-discrimination law.

Copyright and moral rights to this thesis/research project are retained by the author and/or other copyright owners. The work is supplied on the understanding that any use for commercial gain is strictly forbidden. A copy may be downloaded for personal, non-commercial, research or study without prior permission and without charge. Any use of the thesis/research project for private study or research must be properly acknowledged with reference to the work's full bibliographic details.This thesis/research project may not be reproduced in any format or medium, or extensive quotations taken from it, or its content changed in any way, without first obtaining permission in writing from the copyright holder(s).If you believe that any material held in the repository infringes copyright law, please contact the Repository Team at Middlesex University via the following email address:eprints@mdx.ac.ukThe item will be removed from the repository while any claim is being investigated.