ABSTRACT
Some countries in Europe including Belgium, France and Britain issued a ban on the use of hijab in public and at workplace. One of the cases of concern is Asma Bougnaoui v Micropole SA in France. Micropole AS dismissed Asma Baugnaoui from her work as an IT consultant because the customer objected to the hijab worn by Bougnaoui. On the case, on March 14, 2017 the Court of Justice of the European Union (CURIA) decided that the customer’s request could not be a reason for Micropole’s dismissal to Bougnaoui because it was not a major of job requirement. This paper aims to analyze the use of the hijab for Muslim women in the workplace as a form of religious freedom and should be obeyed by EU countries as the consequence of the realization on the fulfillment of basic human rights in the EU. This paper also explains how the legal protections that can be granted by EU human rights law against European citizens who are subjected to discrimination in the workplace, particularly concerned with the use of hijab for Muslim women. Using statute and case approach, this paper thoroughly examines the EU’s constitution, EU relationships with countries in the EU and the structure of human rights law in the EU. Basically, every country could not make discrimination policies and the law of the EU provides a mechanism for citizens to defend their right of freedom of religion and belief without discrimination in the workplace.
