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Last Updated : 2024-04-18 10:52:00
Companies in the EU may ban Muslim employees from wearing a headscarf under certain conditions, a top European court has ruled.
The decision was made in a ruling on two cases brought by women in Germany who were suspended from their jobs for wearing one.
The issue of the hijab, the traditional headscarf worn around the head and shoulders, has caused controversy across Europe for years.
In the court cases, both Muslim women - a special-needs carer at a childcare centre in Hamburg run by a charitable association, and a cashier at a pharmacy chain - did not wear headscarves when they started in their jobs.
However, they decided to do so years later after coming back from parental leave.
They were told that this was not allowed, and were at different points either suspended, told to come to work without it or put on a different job, court documents showed.
The EU Court of Justice had to decide in both cases whether headscarf bans at work represented a violation of the freedom to practise religion or were allowed as part of the freedom to conduct a business.
Its response was that such bans were possible if justified by an employer's need to present a neutral image.
"A prohibition on wearing any visible form of expression of political, philosophical or religious beliefs in the workplace may be justified by the employer's need to present a neutral image towards customers or to prevent social disputes," the court said.
However, that justification must correspond to a genuine need on the part of the employer, it said.
In the case of the care centre employee, the court said the employer's request they remove their headscarf was fair as they had also asked another staff member to stop wearing a religious cross.
In both cases, it will now be up to national courts to have the final say on whether there was any discrimination.
The EU court already ruled in 2017 that companies may ban staff from wearing Islamic headscarves and other visible religious symbols under certain conditions, sparking a backlash among faith groups. (Sky News)
Acid Friday, 16 July 2021 11:48 AM
EU always puts laws like this and then backs down, they are playing with people's lives ...
truth matter Friday, 16 July 2021 11:52 AM
this is a violation of human right. If they can have LGBT and Homosexuals freedom ? why do not these Muslims can not protect their modesty. if people go naked they do not mind it but when people are dressed modestly they think it is not good. whither this world? you will see more Corona come soon.
SL Friday, 16 July 2021 11:55 AM
Decision-making on "So-called EUs Human rights" went into employers' hands. LOL Ower to UNHRC
Cisco Friday, 16 July 2021 12:13 PM
This is a good decision because we should not use our lingerie to show off our belief which is an internal matter of a person. Rather they must stick in life to the belief they belong to. This is merely a showoff.
Richard Vonhagt Friday, 16 July 2021 12:18 PM
This is a very good decision by the EU. Islamic extremism and fundamentalism should be curbed and the best way to do it is by nipping it in the bud at the earliest stages.
nadarajah Friday, 16 July 2021 12:26 PM
what I personally do not like to see is anything that is black in colour as the Abaya looks so horrible in black -any other colour is ok
European Friday, 16 July 2021 12:51 PM
LGBT or homosexuality has nothing to do with this. LGBT and homosexuality is the way you are born, it is not a choice. Religion is a choice though
James Friday, 16 July 2021 12:53 PM
@Richard Your narrow minded thinking is what keeps us stuck in the dark ages. How does wearing a head scarf promote terrorism or compromises national security? People like you are too worried about what women should wear and not about how we should be teaching our children to respect each other. Please don't reproduce.
European Friday, 16 July 2021 12:54 PM
In Europe politics and religion are separated. I recommend the same in Sri Lanka. It will prevent a lot of racism and troubles
Sham Friday, 16 July 2021 12:56 PM
The head covering is not a religious expression but a religious necessity for Muslim women. It might be considered by the Muslim community as a complete hobstacle for following their faith. It is similar to obstruct ones prayer, in other words. It is shocking to see the court deciding in favour of companies than looking into human needs and rights. These type of ruling are not going to help communities come together through mutual understanding and respect.
Era Friday, 16 July 2021 01:05 PM
One should show and manifest his or her belief by behaviour and being a witness.
vithura Friday, 16 July 2021 01:07 PM
If Arabs can have their Islamic laws imposed in their own countries, why should the Europeans behave any different?
abc Friday, 16 July 2021 01:11 PM
Just a matter of time before everyone rejects this kind of nonsensical cultural traditions
Gayan Friday, 16 July 2021 01:25 PM
Wow. Can't believe nobles in EU can do this. Can we get a discount on tariff for compliance.
gamini Friday, 16 July 2021 02:43 PM
why should anyone wear their religion and for all those men commenting it protects women's modesty, who are you men to decide on how a women protects her modesty
sunil Friday, 16 July 2021 02:44 PM
for those who are against this can migrate to middle east
sarath Friday, 16 July 2021 02:45 PM
In the middle east European women are not allowed to wear skimpy clothes or bikini on the beach, so why should Europe allow this outdated head scarf under the guise of protecting women's modesty imposed by men on women
Muslim should limit in their countries Friday, 16 July 2021 03:35 PM
Why this happening, due to the Muslim extramisim.
European Friday, 16 July 2021 05:00 PM
To Tony: ofcourse pedophilia is not allowed in Europe
Ranaweera Saturday, 17 July 2021 05:41 AM
But EU objected it when only face covering was banned in Sri Lanka. Now vovid enforced face covering.
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