OP v Commune d’Ans: Another Step in the Wrong Direction for Headscarf-Wearing Women
本文批评欧盟法院最新判例，该判例允许雇主禁止穆斯林女性戴头巾，限制了她们的就业机会，并忽视了性别、种族等多重歧视问题。
Abstract This article analyses and criticises the latest Court of Justice of the European Union (CJEU) case concerning the wearing of Muslim headscarves at work. OP was refused permission to wear a Muslim headscarf at work because her employer, a public authority, had a policy of exclusive neutrality, prohibiting employees from wearing any form of religious clothing or symbols. The CJEU judgment limits the employment opportunities of Muslim women who want to wear headscarves for religious reasons and allows member states and infra-state bodies a margin of discretion to decide whether to ban religious clothing and symbols for all employees, only for employees who come into contact with service users or not to ban such items at all; and, it ignores any possibility of the presence of gender, race or multiple discrimination. Prohibitions on religious clothing and symbols affect especially Muslim women, who are often from a non-European background and thus could amount to gender discrimination, race discrimination and to discrimination on a combination of religion or belief, gender and racial or ethnic origin.