The prohibition of the Islamic veil in the precedents of the Court of Justice of the European Union: an analysis of judgements C-157/15 and C-188/15

• Autor(a) principal: Castilhos, Daniela Serra
• Data de Publicação: 2021
• Outros Autores: Costa, Haline
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/11328/3654
• topic: Islamic veil; Court of Justice of the European Union; Judgments C-157/15 and C-188/15

This paper will deal with a brief study on the prohibition of the use of the Islamic veil in the precedents of the Court of Justice of the European Union, through the analysis of judgments C-157/15 and C-188/15. Firstly, it will look at the main nuances of the scarf in the Islamic religion, including the models used, its origin and also the importance of clothing in the religion. It will then analyze the right to freedom of religion and its manifestations, as well as the right for the State to uphold secularism. Next, it will examine the legislation of European countries that have sought to restrict the use of Islamic garments, which brought into play the interpretation of the European Court of Human Rights on this subject. Finally, the paper will do a detailed analysis of judgments C-157/15 and C-188/15 of the Court of Justice of the European Union, examining positions both in favor and also against the subject.