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 language | English |
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Pages (from-to) | 200-209 |
Number of pages | 9 |
Journal | European Law Review |
Volume | 49 |
Issue number | 2 |
Publication status | Published - 15 Apr 2024 |
Keywords
- Belgium
- Clothing
- Dress codes
- Equal treatment
- EU law
- National legislation
- Religion or belief
- Religious discrimination
- Statutory interpretation