Neutrality and Workplace Restrictions on Headscarves and Religious Dress: Lessons from Achbita and Bougnaoui

Abstract

Bans on the wearing of religious symbols, and particularly the Islamic headscarf, in the European public square have been controversial and have been challenged on several occasions on human rights grounds (primarily under Article 9 (Freedom of thought, conscience and religion) of the European Convention on Human Rights (ECHR)).1 However, restrictions on religious dress in the workplace have been fully considered only recently, most significantly before the European Court of Human Rights (ECtHR) in Eweida and Ors v United Kingdom.2 In its judgment, the Court concluded that the right to manifest religion through dress could be restricted,3 in situations where there was a health and safety concern but not in situations where customer image was the justification for any restrictions—regarding the latter, the religious right carried more weight than the employer’s desire for uniformity....