Strasbourg Observers

View posts from: Case C-188/15 (CJEU)

  • Saïla Ouald Chaib

European Court of Justice keeps the door to religious discrimination in the private workplace opened. The European Court of Human Rights could close it.

March 27, 2017

By Saïla Ouald-Chaib and Valeska David On 14 March 2017, the European Court of Justice issued two judgments, in the cases of Achbita and Bougnaoui concerning the manifestation of beliefs in the private workplace. From the perspective of inclusion and human rights law, the judgments are very disappointing. They basically legitimize and even provide a […]

  • Saïla Ouald Chaib

ECJ headscarf series (6): The vicious circle of prejudices against Muslim women

September 20, 2016

By Saïla Ouald Chaib The day the opinion of Advocate General Kokott in the case of Achbita v. G4S came out, my phone did not stop ringing. The press wanted to know if this opinion really meant that employers could refuse to hire women wearing a hijab. The fact that even journalists sounded surprised speaks […]

  • Eva Brems

ECJ headscarf series (5): The Field in which Achbita will Land – A Brief Sketch of Headscarf Persecution in Belgium

September 16, 2016

By Eva Brems What is at Stake? The Hijab Wearer as an Outlaw The corporate anti-headscarf policy that is challenged in the Achbita case has to be situated in the context of a country that has seen headscarf bans expand like an oil stain from one sector to the next. This results in a situation […]

  • Guest Blogger

ECJ headscarf series (4): The dark side of neutrality

September 14, 2016

By Emmanuelle Bribosia[1] and Isabelle Rorive[2], Université libre de Bruxelles The Achbita and the Bougnaoui cases give a first opportunity to the European Court of Justice to address religious discrimination. Since the adoption of the anti-discrimination directives after the Amsterdam treaty, the Court ruled on a significant number of cases, mostly on discrimination based on […]

  • Guest Blogger

ECJ headscarf series (3): The Everyday Troubles of Pluralism

September 12, 2016

By Matthias Mahlmann, University of Zürich Differences and Common Ground This is legal deliberation with an edge: the two Opinions of Advocate General Kokott in the case of Achbita (C-157/15) and of Advocate General Sharpston in the case of Bougnaoui (C-188/15) come to opposing results though dealing with cases that are, in many respects, very […]

  • Guest Blogger

ECJ headscarf series (2): the role of choice; and the margin of appreciation

September 08, 2016

By Lucy Vickers, Oxford Brookes University In this post, I focus on two issues of note regarding the divergent reasoning of the Advocates General. The first is the question of whether or not religion is immutable, and whether the answer to that question is helpful in determining the extent to which religion should be protected […]

  • Eva Brems

Headscarves in Luxembourg – A blog series on the contrasting Opinions of AG Kokott and AG Sharpston

September 07, 2016

By Eva Brems The Kokott-Sharpston Standoff at the Threshold to the Summer of Shame In France and Belgium, the summer of 2016 will be remembered as the summer of the burkini debates. Numerous French municipalities banned Islamic swimgear that covers the body, and in Belgium, majority politicians called for a similar ‘burkini’ ban. The world […]