1. Equality, multiculturalism and gender Second session, Thursday 9-12 am
The headscarf and burqa debates in Europe

2. Structure The issue Background Caselaw European Court of Human Rights
points for discussion
Comparing headscarf and burqa bans
Related issues

3. The issue
2004 French ban on headscarves (‘ostentatious religious symbols’) in public education sparks debate
2010 proposals for general ban on burqas (‘face covering attire’ ) in several European countries sparks new debate

4. Background Immigration ‘Clash of civilizations’ and 9/11
Right wing activism

5. Caselaw European Court of Human Rights
Dahlab v. Switzerland, 2001 (inadmissibility decision)
Sahin v. Turkey (Grand Chamber), 2005
Subsequent cases

6. ECHR case law ECHR Dahlab v. Switzerland, 2001
Teacher of a primary school 
Court: ‘It cannot be denied outright that the wearing of a headscarf might have some kind of proselytizing effect, seeing that it appears to be imposed on women by a precept which is laid down in the Koran and which, as the Federal Court noted, is hard to square with the principle of gender equality t therefore appears difficult to reconcile the wearing of an Islamic headscarf with the message of tolerance, respect for others and, above all, equality and non-discrimination that all teachers in a democratic society must convey to their pupils’

7. ECHR case law ECHR Sahin v. Turkey (GC), 2005
Student of a state university
Court:  
Repeat: wearing a headscarf is hard to reconcile with the notion of the equality of the sexes 
Wide margin of appreciation to be left to the national decision making bodies

8. Points for discussion Is religious freedom involved?
In which way is sex equality at stake?
What does ‘state neutrality’ mean?
Is public order/security involved?
Is a wide ‘margin of appreciation’ problematic or to be applauded?

9. Comparing headscarf and burqa bans
In public education
Elsewhere

10. Related issues: sex segregation
Separate swimming lessons
Separate working spaces
Separate services (social counselling, integration courses, taxi, sports)