Government offices in EU can ban religious symbols: court

By AFP
November 29, 2023

BRUSSELS: Government offices in the EU can ban employees wearing religious symbols such as Islamic headscarves, even when they do not have contact with the public, the Court of Justice of the EU ruled on Tuesday.

Such a rule can be imposed “in order to put in place an entirely neutral administrative environment,” the court said. The judgement derived from a case lodged by a worker in a Belgian local government office who challenged a ban on her wearing an Islamic headscarf, feeling that it infringed on her freedom of religion and she was being discriminated against.

Representational image of two scarf-wearing women busy at their workplace. —Pexels
Representational image of two scarf-wearing women busy at their workplace. —Pexels

The Luxembourg-based court said a prohibition “of any sign revealing philosophical or religious beliefs... is not discriminatory if it is applied in a general and indiscriminate manner to all of that administration´s staff and is limited to what is strictly necessary”.

The ruling -- valid for public sector offices across the EU -- backs up previous EU court judgments that found such bans can be legal in private sector workplaces. It said national courts should decide the applicability of such prohibitions, and that public offices could also have policies limiting such bans to public-facing workers, or decide to authorise the wearing of visible religious or philosophical signs of belief.