ABSTRACT
Cultural diversity, especially the diversity stemming from migration, is increasing steadily in contemporary European societies. In response to this development, integration policies must accommodate ethnic and religious diversity while preserving social cohesion. This article will argue, based on legal and sociological findings, that for integration to be successful, religious and cultural differences must be recognised. From a legal-institutional perspective, measures must be taken to allow the intercultural opening of public and private institutions. Against this backdrop, new light will be shed on recent decisions on headscarf bans in the workplace and the prohibition of face covering in public, which were made by the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), respectively. This article will explain from both a legal and sociological perspective that headscarf bans are hardly reconcilable with the freedom of conscience and religion. Moreover, these bans serve as a mechanism of exclusion and harm social integration.
