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While the decision to ban public servants from wearing religious symbols was left up to each state, the EU court said such bans are justified.
A new ruling from the Court of Justice of the European Union allows member states to prohibit the wearing of religious symbols or clothing by employees in public institutions. The case dealt with questions around a Muslim employee wearing an Islamic headscarf, but the decision of the EU court will blanket all religious symbols of all faiths.
According to a press release from the EU court, the case revolved around an employee of the municipality of Ans, in Belgium, who was prohibited from wearing an Islamic headscarf at her workplace. The report notes that the woman, who was not named, held a position as head of her department and did not come into contact with users of the public service.
Since then, the municipality has amended its terms of employment and requires its employees to observe “strict neutrality.” This means that any form of proselytizing or actions construed as such are banned, as well as the wearing of any “overt signs of ideological or religious affiliation.” The rules apply for all employees of the municipality, whether they are in contact with the public or not.
The employee took the matter to court in the hopes that the EU would declare that her religious freedom had been infringed. The EU court, however, defended the municipality’s right to uphold a policy of strict neutrality, stating that the state’s seeking of an entirely neutral administrative environment “may be regarded as being objectively justified by a legitimate aim.” However, the court did go on to note that a public administration’s decision to either permit or prohibit the wearing of religious symbols is “equally justified.” The report states:
Continued below.
aleteia.org
A new ruling from the Court of Justice of the European Union allows member states to prohibit the wearing of religious symbols or clothing by employees in public institutions. The case dealt with questions around a Muslim employee wearing an Islamic headscarf, but the decision of the EU court will blanket all religious symbols of all faiths.
According to a press release from the EU court, the case revolved around an employee of the municipality of Ans, in Belgium, who was prohibited from wearing an Islamic headscarf at her workplace. The report notes that the woman, who was not named, held a position as head of her department and did not come into contact with users of the public service.
Since then, the municipality has amended its terms of employment and requires its employees to observe “strict neutrality.” This means that any form of proselytizing or actions construed as such are banned, as well as the wearing of any “overt signs of ideological or religious affiliation.” The rules apply for all employees of the municipality, whether they are in contact with the public or not.
The employee took the matter to court in the hopes that the EU would declare that her religious freedom had been infringed. The EU court, however, defended the municipality’s right to uphold a policy of strict neutrality, stating that the state’s seeking of an entirely neutral administrative environment “may be regarded as being objectively justified by a legitimate aim.” However, the court did go on to note that a public administration’s decision to either permit or prohibit the wearing of religious symbols is “equally justified.” The report states:
Continued below.
EU says states can ban religious symbols in public workplace
While the decision to ban public servants from wearing religious symbols was left up to each state, the EU court said such bans are justified.
aleteia.org
