ECJ: Administration can ban female employees from wearing headscarves
A headscarf ban in public administrations is legal under certain circumstances, according to a ruling by the European Court of Justice (ECJ). This is not discrimination as long as such bans on religious symbols are applied generally and indiscriminately to all administrative staff and are limited to what is absolutely necessary, the judges of the highest European court in Luxembourg stated.
The background to this is a case from Belgium. An office manager in the municipality of Ans was not allowed to wear the Islamic headscarf at work. The municipality changed its work regulations and stipulated strict neutrality: Accordingly, the wearing of conspicuous signs of ideological or religious affiliation was prohibited for all employees - even those who, like the plaintiff, had no contact with the public. She felt that her freedom of religion had been violated and took her case through the courts.
The judges have now ruled that such strict rules can be lawful in order to create a completely neutral environment. The EU states therefore have a margin of appreciation as to how they want to shape the neutrality of the public service. However, the measures must be limited to what is absolutely necessary. The national courts must decide whether this is the case.
The ECJ has already ruled several times in recent years that companies can prohibit the wearing of religious symbols in the workplace.
The European Court of Justice (ECJ) has established that EU states can implement headscarf bans in public administrations under specific conditions, deeming it non-discriminatory as long as it applies to all administrative staff and is necessary. Recent judgments by the ECJ have also supported companies enacting bans on religious symbols in the workplace. Public administrations across Europe now have the freedom to create a completely neutral work environment, limited by what is absolutely necessary, according to the EU court.
Source: www.dpa.com
