LF v SCRL and the Court of Justice of the European Union's Intersectionality Problem

Nozizwe Dube*

*Corresponding author for this work

Research output: Contribution to journalArticleProfessional

Abstract

In LF v SCRL , the Court of Justice of the European Union (CJEU) was asked to revisit some central elements of its equality case law that are interrelated to intersectionality. Specifically, LF v SCRL challenged the CJEU to transcend the fragmented nature of EU equality legislation by acknowledging intersectional religious and gender discrimination in the context of Directive 2000/78. Secondly, the CJEU was asked to revisit the distinction between direct and indirect discrimination. Lastly, the question whether the CJEU's new intragroup comparator approach could also be extended to Islamic headscarf cases such as LF v SCRL was at stake. This case note shows that while LF v SCRL had a small victory, the case reveals the CJEU's persistent problem with intersectionality.
Original languageEnglish
Pages (from-to)200-209
Number of pages9
JournalEuropean Law Review
Volume49
Issue number2
Publication statusPublished - 15 Apr 2024

Keywords

  • Belgium
  • Clothing
  • Dress codes
  • Equal treatment
  • EU law
  • National legislation
  • Religion or belief
  • Religious discrimination
  • Statutory interpretation

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