A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT?
The contribution questions the preliminary rulings given by the CJEU in Achbita and Wabe and Müller Cases that define the corporate neutrality policies banning wearing of religious clothes in private employment as indirect discrimination. The contribution argues that such corporate neutrality polici...
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| Format: | Article |
| Language: | English |
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Ankara University
2022-12-01
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| Series: | Ankara Avrupa Çalışmaları Dergisi |
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| Online Access: | https://dergipark.org.tr/en/download/article-file/2863068 |
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| _version_ | 1832546409207824384 |
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| author | Julija Ilhan Mustafa T. Karayiğit |
| author_facet | Julija Ilhan Mustafa T. Karayiğit |
| author_sort | Julija Ilhan |
| collection | DOAJ |
| description | The contribution questions the preliminary rulings given by the CJEU in Achbita and Wabe and Müller Cases that define the corporate neutrality policies banning wearing of religious clothes in private employment as indirect discrimination. The contribution argues that such corporate neutrality policies, though applied to all employees in the same way, constitute in fact direct discrimination for the devout followers of orthopraxis religions, such as Islam, Judaism and Sikhism, provide preference to employer’s freedom to conduct a business and economic interests over the employee’s right to religious manifestation and social rights, put the right to religious manifestation at the bottom of the hierarchy of grounds of discrimination and cause to economic and social exclusion of such minority employees, notwithstanding the European values. |
| format | Article |
| id | doaj-art-87de65935d464be499f752bff8731b08 |
| institution | Kabale University |
| issn | 1303-2518 |
| language | English |
| publishDate | 2022-12-01 |
| publisher | Ankara University |
| record_format | Article |
| series | Ankara Avrupa Çalışmaları Dergisi |
| spelling | doaj-art-87de65935d464be499f752bff8731b082025-02-03T06:55:05ZengAnkara UniversityAnkara Avrupa Çalışmaları Dergisi1303-25182022-12-0121239742810.32450/aacd.122686445A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT?Julija Ilhan0https://orcid.org/0000-0001-6048-1684Mustafa T. Karayiğit1https://orcid.org/0000-0002-5976-6401MARMARA UNIVERSITY, INSTITUTE OF EUROPEAN STUDIESMARMARA UNIVERSITY, INSTITUTE OF EUROPEAN STUDIESThe contribution questions the preliminary rulings given by the CJEU in Achbita and Wabe and Müller Cases that define the corporate neutrality policies banning wearing of religious clothes in private employment as indirect discrimination. The contribution argues that such corporate neutrality policies, though applied to all employees in the same way, constitute in fact direct discrimination for the devout followers of orthopraxis religions, such as Islam, Judaism and Sikhism, provide preference to employer’s freedom to conduct a business and economic interests over the employee’s right to religious manifestation and social rights, put the right to religious manifestation at the bottom of the hierarchy of grounds of discrimination and cause to economic and social exclusion of such minority employees, notwithstanding the European values.https://dergipark.org.tr/en/download/article-file/2863068corporate neutrality policyright to religious manifestationfreedom to conduct a businessdirect or indirect discriminationsocial and economic exclusioni̇şyeri tarafsızlık politikasıdin ve i̇nanç i̇fade hürriyetiteşebbüs hürriyetidoğrudan veya dolaylı ayrımcılıksosyal ve ekonomik dışlanmışlık |
| spellingShingle | Julija Ilhan Mustafa T. Karayiğit A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT? Ankara Avrupa Çalışmaları Dergisi corporate neutrality policy right to religious manifestation freedom to conduct a business direct or indirect discrimination social and economic exclusion i̇şyeri tarafsızlık politikası din ve i̇nanç i̇fade hürriyeti teşebbüs hürriyeti doğrudan veya dolaylı ayrımcılık sosyal ve ekonomik dışlanmışlık |
| title | A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT? |
| title_full | A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT? |
| title_fullStr | A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT? |
| title_full_unstemmed | A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT? |
| title_short | A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT? |
| title_sort | fair balance between the right to religious manifestation and the freedom to conduct a business in the cases of headscarves ban in private employment |
| topic | corporate neutrality policy right to religious manifestation freedom to conduct a business direct or indirect discrimination social and economic exclusion i̇şyeri tarafsızlık politikası din ve i̇nanç i̇fade hürriyeti teşebbüs hürriyeti doğrudan veya dolaylı ayrımcılık sosyal ve ekonomik dışlanmışlık |
| url | https://dergipark.org.tr/en/download/article-file/2863068 |
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