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European Union: Businesses Can Ban Hijab If it is a Part of a Wider Ban on all Headwear

European Union: The Court of Justice of the European Union (CJEU) ruled on Thursday that European Union (EU) businesses can ban hijab if it is a part of a wider ban on all headwear. This comes amid issue in India over the hijab ban in Karnataka educational institutions.

The top court of the EU ruled that a blanket prohibition on headgear does not violate EU law or constitute religious discrimination against employees.

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What was the case?


A Muslim lady who applied for a six-week work traineeship at a company in Belgium was informed that she could not wear a headscarf, according to a report by Reuters, which brought the case to the CJEU’s attention. The business claimed to have a neutrality policy, according to which any type of headgear, including hats, caps, and head scarves is prohibited.

The case was then sent to the CJEU by a Belgian court for clarification of EU law. The top court of the EU determined that a blanket ban on headgear does not violate EU law.
Now it is up to the Belgian court to determine whether the restriction amounted to indirect discrimination.
In 2021, the CJEU ruled that EU businesses might prohibit employees from donning a headscarf if they wanted to present a neutral image.

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Hijab, in European Countries

Europe has been divided over the hijab ban for many years. The wearing of Islamic headscarves in public schools was outlawed in France, which is home to the largest Muslim community in Europe, in 2004.

Additionally, France is the first nation in Europe to outlaw complete face coverings like the burqa and niqab in public settings.

In contrast, the majority of those affected by the headscarf prohibition in Germany are prospective teachers at public schools and aspiring judges.

Niqabs and burqas are not permitted in Dutch schools, hospitals, or on public transportation.

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