Disclaimer – I am not Muslim and I do not wear a hijab. I am writing this blog from a feminist and legal perspective, not from first-hand experience.
In July, the Court of Justice of the European Union ruled that companies in the EU may ban their Muslim employees from wearing a headscarf at work, under ‘certain conditions’. This decision was made on the basis of two cases brought forward by women in Germany - a special-needs carer and a pharmacy cashier - who were suspended from their jobs for wearing hijabs. Both women started their careers without wearing headscarves but chose to wear one later on. The European Court had to determine whether banning headscarves at work breached an individual’s freedom to practise religion or if it came under an employer’s freedom to conduct business. The Court unfortunately favoured the latter. Here’s why this ruling is hypocritical.
(1) What the hell is a ‘neutral image’ and why can’t a headscarf fit into it?
The European Court ruled that employers who had a need to present a ‘neutral image’ at work could ban Muslim employees from wearing a hijab. Let’s unpack this. Semantically speaking, neutral means impartial and unbiased, or ‘not supporting or helping either side in a conflict’ (Lexico). So how exactly does a piece of fabric used to cover a woman’s hair have anything to do with conflict?
If we were to ask one of the European powers-that-be, they would probably point us in the direction of extremist groups who have committed mass acts of terror in the name of Islam. That conflict is apparently enough to make the entire religion a source of conflict and therefore impossible to be neutral. So, if that’s true, what else should we ban? All religions have been blamed for some sort of conflict. Should we ban all religious symbols, including the cross? Politics is a common source of conflict, better ban the ‘I voted’ badges.
The reality is being ‘neutral’ at work is about being professional. If you’re talking to a client, you probably shouldn’t be telling them about your weekend. If you’re representing your company, you should act with respect. Wearing a headscarf has absolutely no impact on your ability to be neutral.
Encouraging neutral or company colours for hijabs? Understandable. Forcing women to remove part of their clothing under the guise of neutrality? Ridiculous.
(2) The EU paints Islam as an oppressive religion which forces women to wear headscarves – and then the EU forces women to take them off.
This all stems from the EU’s stereotypical and harmful stereotypes of the Islamic faith as an ‘oppressive’ and ‘extreme’ religion. As a result, many European countries view the hijab as some sort of symbol of oppression, ignoring the women stepping forward saying that they want to wear the hijab, and instead choosing to don some misinformed saviour complex and ban them altogether. Ta-da! No hijabs allowed in France? No more oppression! Yay, we saved them!
Except they haven’t been saved because they didn’t need saving to begin with. The utter hypocrisy of crying ‘oppression!’ and then forcing a woman to uncover herself is astounding.
(3) Head coverings are worn for a variety of religious, health, and personal reasons.
As a general overview, here’s a list of potential reasons a person may wear a head covering
religion – head coverings are found in religions including Islam, Sikhism, Christianity, Judaism, Buddhism and more
culture – head coverings are traditional attire in many African cultures and have been reclaimed on the basis of their historical links to colonialism and slavery
health – when an individual is struggling with a health condition such as alopecia, or treatments such as chemotherapy, they may choose to cover their head and hair
personal – they may just like the way it looks!
(4) This ruling was handed down in the height of a global pandemic when face coverings were not only normalised but mandated.
In July, when this ruling was handed down, the EU was simultaneously promoting the removal of head coverings and the mandating of face coverings. If a piece of fabric over a woman’s mouth does not impact her ability to do her job, then neither will a piece of fabric over her hair. The mask requirements have been lifted in England but those who continue to wear masks out of personal choice will no doubt receive more respect than a woman who chooses to wear a hijab our of personal choice. Why? Because it was never about a neutral image, it was always about Islamophobia.
---- Anonymous
For some first-hand opinion pieces from Muslim women and girls – take a look at these resources:
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