Religious Symbols and Clothing in Educational Institutions : Diverging Standards in the Practice of the UN Human Rights Committee and the European Court of Human Rights

Szajbély, Katalin (2023) Religious Symbols and Clothing in Educational Institutions : Diverging Standards in the Practice of the UN Human Rights Committee and the European Court of Human Rights. MTA LAW WORKING PAPERS (4). pp. 1-9. ISSN 2064-4515

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Abstract

In today's diverse Europe, the wearing of religious symbols is an increasingly current issue. In recent years, Judaeo-Christian symbols have been challenged at international human rights forums, as have symbols (including attires that cover the entire face or body) of the Muslim communities, which make up around 4% of Europe's population . The intersectionality of external manifestations of religious belief, and in particular the wearing of Muslim religious symbols cannot be overlooked. When a Muslim woman is discriminated against because of a headscarf (or other traditional head covering or dress), discrimination typically involves three elements: religion, gender and (real or perceived) national/ethnic origin, which are linked together to form a complex discrimination ground that can have a decisive influence not only on the social integration of the persons directly concerned, but also of entire generations.

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