The European Court of Justice and interpretation of the prohibition of discrimination based on religion or belief according to Directive 2000/78/EC Cover Image

Evropski sud i interpretacija zabrane diskriminacije na temelju vjere ili uvjerenja prema Direktivi 2000/78
The European Court of Justice and interpretation of the prohibition of discrimination based on religion or belief according to Directive 2000/78/EC

Author(s): Lejla Balić
Subject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Direkcija za evropske integracije Vijeća ministara Bosne i Hercegovine
Keywords: European Court of Justice; Directive 2000/78; direct and indirect discrimination; freedom of thought; conscience;religion;

Summary/Abstract: The European Court of Justice is very cautious when deciding cases of discrimination based on religion or belief, and although it provides some guidance, it leaves to the national courts to examine justification of indirect discrimination in relation to national constitutional practices. Although Courts interpretations allege that banning the wearing of all symbols or religion or belief almost exclusively discriminates against Muslim women, it does not give up of qualifying the policy of neutrality as legitimate goal. This paper will present the only three judgments of the Court in which it ruled on discrimination on religion and belief.

  • Issue Year: 2021
  • Issue No: 8
  • Page Range: 11-37
  • Page Count: 27
  • Language: Bosnian