When Caution is Justified

Abstract

Little CJEU case law has been as fiercely criticised as that relating to the right to be free from religious discrimination. However, the CJEU recently found a sympathiser in Ronan McCrea. He argues that the approach is one of “justifiable caution”. Despite my disagreements with him, I believe that we must take McCrea’s position seriously to be able to develop a more fine-grained view of when caution is warranted. At the same time, I still firmly believe that the case law on religious clothing reveals deeply troubling attitudes toward Muslim women that have no place under anti-discrimination law.

Authors 1

1. Martijn van den Brink corresponding Aachen

   Leiden University

   Affiliation as printed

   Leiden University