At certain conditions the measure is not a discrimination, according to the ECJ
by Emanuele Bonini
by Emanuele Bonini
The Islamic veil can
be not allowed at work, according to the European Court of Justice in
its verdict issued yesterday. The EU institution based in Luxembourg
said companies can prohibit to wear political, philosophical and
confessional dresses in name of the principle of neutrality, if
explicit internal firm dispositions foresee it. The judgement was about two different cases involving the traditional female clothing typical of the Islamic culture, but in taking the decision a general principle was set by the European body.
On one hand the EU
recognise freedom of religion, but on the other hand it is also
recognised the right of neutrality for both public and private
sector. In name of such principal, no political signs or cultural
symbols can be exposed to public. The European Court of Justice thus
admitted that a ban of Islamic veil doesn't constitute a form of
preliminary discrimination. Of course, in order to don't generate
discriminations such a ban can't be imposed only for a single person
or a single category of groups, whatever they are (political,
religious and so on). Furthermore, the ECJ clarified that in order to
respect the right of neutrality, people are not allowed to show any
peculiar signs in public, meaning that the Islamic veil can be kept
for internal jobs and all those roles for which is not foreseen any
relations with external people.
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