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RELIGION

German employers can ban headscarves ‘in some cases’, EU court rules

Employers can in principle ban staff from wearing headscarves in the workplace, an EU court ruled Thursday in two cases brought by Muslim women working in Germany.

German employers can ban headscarves 'in some cases', EU court rules
Three women in headscarves stand in Berlin's Kreuzberg district. Photo: picture alliance/dpa/dpa-Zentralbild | Monika Skolimowska

A ban on religious symbols such as headscarves “may be justified by the employer’s need to present a neutral image towards customers or to prevent social disputes”, the European Court of Justice said in a statement.

The employer must also show it is not discriminating between different beliefs and religions in its policy, the court said.

The two women, a cashier in a chemist and a special needs carer, had taken their cases to German courts after being prohibited from wearing headscarves at work.

READ ALSO: IN NUMBERS: A breakdown of Germany’s Muslim population

The German courts had then referred the cases to the ECJ for an interpretation of EU law.

The woman working at the chemist had been employed there since 2002 and had initially not worn a headscarf, but had wanted to begin wearing one after returning from parental leave in 2014.

However, the chemist instructed her to come to work “without conspicuous, large-sized signs of any political, philosophical or religious beliefs”, the ECJ said.

The second woman was employed in 2016 as carer at a non-profit association and had initially worn a headscarf at work.

She too went on parental leave, during which time the association issued a policy prohibiting the wearing of visible signs of political, ideological or religious conviction in the workplace for employees with customer contact.

READ ALSO: Germany upholds headscarf ban for trainee Muslim lawyers

After returning from parental leave, she refused to remove the headscarf, which resulted in several warnings and eventually in her being dismissed.

National courts must examine in each individual case whether company rules are compatible with national laws on religious freedom and the need for a “policy of neutrality”, the ECJ said.

There must be “a genuine need on the part of the employer” for such a policy, it said, and it must also not go against “national provisions on the protection of freedom of religion”.

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DISCRIMINATION

‘Sweden should apologise to Tornedalian minority’: Truth commission releases report

The Swedish state should issue a public apology to the country's Tornedalian minority, urges a truth commission set up to investigate historic wrongdoings.

'Sweden should apologise to Tornedalian minority': Truth commission releases report

Stockholm’s policy of assimilation in the 19th and 20th centuries “harmed the minority and continues to hinder the defence of its language, culture and traditional livelihoods,” the Truth and Reconciliation Commission for Tornedalians, Kvens and Lantalaiset said in an article published in Sweden’s main daily Dagens Nyheter.

“Amends must be made in order to move forward,” it said, adding that “acknowledging the historic wrongdoings” should be a first step.

The commission, which began work in June 2020, was to submit a final report to the government on Wednesday.

Tornedalen is a geographical area in northeastern Sweden and northwestern Finland. The Tornedalian, Kven and Lantalaiset minority groups are often grouped under the name Tornedalians, who number around 50,000 in Sweden.

The commission noted that from the late 1800s, Tornedalian children were prohibited from using their mother tongue, meänkieli, in school and forced to use Swedish, a ban that remained in place until the 1960s.

From the early 1900s, some 5,500 Tornedalian children were sent away to Lutheran Church boarding schools “in a nationalistic spirit”, where their language and traditional dress were prohibited.

Punishments, violence and fagging were frequent at the schools, and the Tornedalian children were stigmatised in the villages, the commission said.

“Their language and culture was made out to be something shameful … (and) their self-esteem and desire to pass on the language to the next generation was negatively affected.”

The minority has historically made a living from farming, hunting, fishing and reindeer herding, though their reindeer herding rights have been limited over the years due to complexities with the indigenous Sami people’s herding rights.

“The minority feels that they have been made invisible, that their rights over their traditional livelihoods have been taken away and they now have no power of influence,” the commission wrote.

It recommended that the meänkieli language be promoted in schools and public service broadcasting, and the state “should immediately begin the process of a public apology”.

The Scandinavian country also has a separate Truth Commission probing discriminatory policies toward the Sami people.

That report is due to be published in 2025.

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