7627
The paper includes a critical analysis of the recent CJEU case on the prohibition of the use of religious symbols in public employment. After reviewing the case, it is studied in the context of the Court?s previous case law on the use of religious symbols in private employment, and continuities and...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Centro de Excelencia Jean Monnet
2023
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=integra&cl=CL1&d=HWA_7627 https://repositoriouba.sisbi.uba.ar/gsdl/collect/integra/index/assoc/HWA_7627.dir/7627.PDF |
| Aporte de: |
| Sumario: | The paper includes a critical analysis of the recent CJEU case on the prohibition of the use of religious symbols in public employment. After reviewing the case, it is studied in the context of the Court?s previous case law on the use of religious symbols in private employment, and continuities and ruptures concerning the standards set therein are observed. Finally, a critique is made of the concept of neutrality with which this European court has analyzed these cases, based on the distinction between "formal neutrality" and "substantive neutrality". The paper demonstrates that a general ban on wearing religious symbols in employment is not a truly neutral policy, as it places minority religious groups who recognize an obligation to carry certain objects or wear certain clothing at a disadvantage. From this perspective, the ruling reveals a lack of neutrality towards religiosity, with a bias in favor of secularism |
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