The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law
The article draws lessons for EU non-discrimination law from the protected grounds of religion and belief through a discussion of the CJEU’s headscarf judgments. The article has two ambitions. First, the judgments are used to draw broader lessons for EU non-discrimination law, in relation to the dis...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2023-08-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832223000548/type/journal_article |
| _version_ | 1797745911854530560 |
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| author | Martijn van den Brink |
| author_facet | Martijn van den Brink |
| author_sort | Martijn van den Brink |
| collection | DOAJ |
| description | The article draws lessons for EU non-discrimination law from the protected grounds of religion and belief through a discussion of the CJEU’s headscarf judgments. The article has two ambitions. First, the judgments are used to draw broader lessons for EU non-discrimination law, in relation to the distinction between and the justification of direct and indirect discrimination, as well as the purpose of protecting against (religious) discrimination. Second, these lessons are used to analyze the headscarf judgments and the criticism directed at them. While there is widespread agreement that the CJEU erred in these judgments, there is little agreement as to what mistakes were made. Through a discussion of these judgments, the article clarifies the difference between direct and indirect discrimination and the justification of both forms of discrimination. It is argued that the headscarf cases correctly distinguished between direct and indirect discrimination, and that the problem lies in the justificatory burden for indirect discriminatory measures, which was set too low by the CJEU. |
| first_indexed | 2024-03-12T15:29:41Z |
| format | Article |
| id | doaj.art-8cd70f031d974c73b8e7ffb5eec8bb6b |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-03-12T15:29:41Z |
| publishDate | 2023-08-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-8cd70f031d974c73b8e7ffb5eec8bb6b2023-08-10T07:03:00ZengCambridge University PressGerman Law Journal2071-83222023-08-012485588010.1017/glj.2023.54The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination LawMartijn van den Brink0https://orcid.org/0000-0002-2225-2204Hertie School, Berlin, GermanyThe article draws lessons for EU non-discrimination law from the protected grounds of religion and belief through a discussion of the CJEU’s headscarf judgments. The article has two ambitions. First, the judgments are used to draw broader lessons for EU non-discrimination law, in relation to the distinction between and the justification of direct and indirect discrimination, as well as the purpose of protecting against (religious) discrimination. Second, these lessons are used to analyze the headscarf judgments and the criticism directed at them. While there is widespread agreement that the CJEU erred in these judgments, there is little agreement as to what mistakes were made. Through a discussion of these judgments, the article clarifies the difference between direct and indirect discrimination and the justification of both forms of discrimination. It is argued that the headscarf cases correctly distinguished between direct and indirect discrimination, and that the problem lies in the justificatory burden for indirect discriminatory measures, which was set too low by the CJEU.https://www.cambridge.org/core/product/identifier/S2071832223000548/type/journal_articleDiscriminationReligionHeadscarfCJEUEquality |
| spellingShingle | Martijn van den Brink The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law German Law Journal Discrimination Religion Headscarf CJEU Equality |
| title | The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law |
| title_full | The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law |
| title_fullStr | The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law |
| title_full_unstemmed | The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law |
| title_short | The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law |
| title_sort | protected grounds of religion and belief lessons for eu non discrimination law |
| topic | Discrimination Religion Headscarf CJEU Equality |
| url | https://www.cambridge.org/core/product/identifier/S2071832223000548/type/journal_article |
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