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URL:https://murmitoyen.com/events/vanille/udem/detail/756057-the-hijab-wear
 er-as-an-outlaw-a-need-for-coherence-in-the-two-european-supranational-cou
 rts
LOCATION:Université de Montréal - Faculté de droit\, 3101 Chemin de la T
 our\, Montréal
SUMMARY:The Hijab Wearer as an Outlaw: a need for coherence in the two Euro
 pean Supranational Courts
DESCRIPTION:Le CRDP est heureux de vous convier à la conférence de la pro
 fesseure Eugenia Relano Pastor (Complutense University\, Madrid)\, le 21 m
 ars à midi. Celle-ci portera sur 'The Hijab Wearer as an Outlaw:  a need
  for coherence in the two European Supranational Courts'.
\nConférencièr
 e:
\nDr. Eugenia Relaño Pastor (PHD\, University of Granada\, 2001) works
  currently as Legal adviser in the Migration and Equal Treatment Area at t
 he Spanish Ombudsman. She holds a Doctorate Degree in Law and Bachelor Deg
 rees in Political Science and in Sociology. She is an Assistant Professor 
 in Complutense University (Madrid) and Professor in the Master: Islam in E
 uropean Societies\, Faculty of Anthropology\, Complutense University. She 
 was a Fulbright Fellow in the Salzburg Seminar and  visiting scholar in I
 nstitutions such as University of California at Berkeley\, Institute of Co
 mparative and European Law at the University of Oxford\, Law School in Har
 vard University\, University of Ottawa\, etc.
\n
\nShe was member of the A
 dvisory Panel of Experts on Freedom of Religion and Belief\, ODIHR-OSCE (2
 005-2012). Currently she is the Spanish representative member of the Legal
  Working Group (LWG) of the European Group of National Human Rights Instit
 utions (Council of Europe). Her research expertise comprises International
  Religious Freedom\, Comparative Law\, Equality\, Religious Minorities\, N
 ational Minorities\, Xenophobia\, Multiculturalism and Immigration.
\nRece
 nt publications include ‘Religious Pluralism in Liberal Democracies’ i
 n the edited volume Islam\, Human Rights and Secular Values (Liberte\, 201
 2)\; ‘Etudes de cas de discriminations religieuses en Espagne in the edi
 ted volume Les discriminations religieuses en Europe: droit et pratiques (
 L’Harmattan\, 2012)\; ‘Participation of Muslim Minorities in the Spani
 sh Mainstream society’ in the edited volume The Interrelation between th
 e Right to Identity of Minorities and their Socio-economic participation (
 Martinus Nijhoff\, 2013) and “The ‘Inclusive State Neutrality’ Norma
 tive Paradigm” in the edited volume Belief\, Law and Politics. What Futu
 re for a Secular Europe? (Ashgate\, 2014).
\nRésumé :
\nMuslim women who
  wear a headscarf have gradually become outlaws in Europe to the extent th
 at the headscarf itself has been “de-normalized” and automatically pro
 blematized in different societal contexts. Claims of discrimination on the
  basis of wearing religious garments have been only partially successful i
 n courts. As result\, politicians and government actors aligned with judic
 ial bodies on headscarf bans and have influenced on dominant public opinio
 n who has found it legitimated to shun headscarf-wearing women. This consi
 deration cannot be seen outside of the context of the rise of Islamophobia
  for last years in Western Europe.
\nIn a climate of headscarf rejection\,
  the first two religious discrimination cases concerning the dismissal of 
 employees by private employers on account of their headscarves are pending
  before the Court of Justice of the European Union (CJEU) in Luxembourg. B
 oth cases (Samira Achbita case and Asma Bougnaoui case) are the result of 
 requests for preliminary rulings about the interpretation of the Anti-Disc
 rimination Directive 2000/78/EC\, which prohibits direct and indirect disc
 rimination in the sphere of employment on grounds of religion or belief. T
 he respective Advocate General (AG) for each case has recently delivered a
 n opinion but the opinions are substantially contradictory. Therefore the 
 Luxemburg Court is now confronted with two opposing approaches: one could 
 lead to turn headscarf women into outlaws and the other may halt the perse
 cution of Muslim women on account of their dress. Whatever direction the C
 JEU would take\, it may take into consideration the European Court of Huma
 n Rights (ECtHR)´s jurisprudence on wearing religious garments. Although 
 the ECtHR has dealt with a good number of cases that concern bans on relig
 ious dress\, unfortunately\, in the very large majority of cases\, the Cou
 rt has held that a ban was within the state’s margin of appreciation. In
  spite of this dominant trend\, the Strasbourg Court found that there was 
 a violation of applicant´s religious freedom in the only case on wearing 
 a religious symbol at workplace that reached the ECtHR.
\nThis presentatio
 n will analyze a possible convergence or divergence of the standards of bo
 th European Supranational Courts on the issue of religious symbol at workp
 lace. By analyzing the legal reasoning of the Advocate General´s Opinion 
 in Samira Achbita case and in Strasbourg´s case law\, it will be noted ho
 w some important concepts such as “religion”\, “identity”\, “sec
 ularism”\, “religious practice” and “secularity” have been disto
 rted and misunderstood. Whatever direction the Luxembourg Court takes in t
 he upcoming rulings\, the decision could fundamentally shape the law barri
 ng discrimination on grounds of religion at workplace.
\nEntrée libre
\nF
 ormation d’un dispensateur reconnu aux fins de la formation continue obl
 igatoire du Barreau du Québec pour une durée de 45 minutes. Une attestat
 ion de participation représentant  de 45 minutes de formation sera trans
 mise aux notaires.
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