When Caution is Justified
Year: 2026
Type: article
Abstract: Little CJEU case law has been as fiercely criticised as that relating to the right to be free from religious discrimination. However, the CJEU recently found a sympathiser in Ronan McCrea. He argues that the approach is one of “justifiable caution”. Despite my disagreements with him, I believe that we must take McCrea’s position seriously to be able to develop a more fine-grained view of when caution is warranted. At the same time, I still firmly believe that the case law on religious clothing reveals deeply troubling attitudes toward Muslim women that have no place under anti-discrimination law.
Author: Brink, Martijn van den
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7123422074
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