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Workshop on Religious Discrimination
The workshop covered the issue of intersection between religious discrimination and racial or ethnic origin and gender. The way discrimination claims based on religion that intersect with gender or race are dealt with, is affected by the fact that various anti-discrimination and equality directives covering different grounds of discrimination and with differentiated material scope co-exist. A case regarding a public school teacher who was not permitted to wear a headscarf within school premises, was discussed. Comparative research reveals that results greatly differ depending on the ground used by the plaintiff. In such a case, the teacher could either base her claim on indirect discrimination on grounds of religion or indirect discrimination on grounds of sex. In courts, practice shows that reviews of indirect discrimination on grounds of sex are stricter than indirect discrimination on grounds of religion. Another example concerning a Jewish school which refused admission of a boy whose mother was not born as Jewish, was brought forward. The court concluded to direct discrimination on grounds of race, with no justification allowed. The outcome might have been totally different if it was considered from the point of view of religious discrimination. The workshop concluded by asking whether EU directives provide sufficient instructions to courts to resolve cases on religious discrimination.
Discussion paper (PDF 74 kB)
Handout presentations (PDF 35 kB)
Audio recording summary workshop proceedings (mp3 3 min.)
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