The Challenges of Brexit: Highlighting Intersectional Invisibilities

Ali, Amal (2018) The Challenges of Brexit: Highlighting Intersectional Invisibilities. In: Human Rights in a Changing Europe – Colliding Spheres of Justice?, 15/06/2018, Queen's University Belfast.

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Item Type:Conference or Workshop contribution (Paper)
Item Status:Live Archive

Abstract

The legal regulation of Muslim communities within Europe has been a topic for scholarly debate for some time now and has become even more prominent in a post Brexit landscape. These discussions are often framed around human rights, multiculturalism, citizenship and the law and focuses on the management of religious and cultural difference in the public sphere. While both the Convention and EU Law have been a source of rights for many minorities in the United Kingdom, it has not been equipped to deal with claims regarding multiple or intersectional discrimination.

This paper critiques the reality that an increasing number of regions, provinces and States across Europe have restricted the manifestations of religious belief, with limited intervention from the ECtHR. Current restrictions on religious freedom across Europe include work place bans, bans at educational establishment and a general ban which extends to the public sphere. Similarly, the CJEU held that workplace bans do not run counter to their anti-discrimination legislation , if it enables the employer to pursue the legitimate policy of ensuring religious and ideological neutrality.

Drawing from intersectional theory, which argues that identity politics often replicate the exclusion of other groups; this paper will use intersectionality to identify shared assumptions and understandings of ‘gender’ and ‘religion’ which may continue to reassert traditional perceptions of women and religion. This is especially important in light of the fact that since the UK’s decision to leave the European Union, there has been an increase in hate crimes against Muslim minorities. While the EU’s anti-discrimination legislation has generally improved the UK’s equality infrastructure, it important to acknowledge that both legal systems do little to protect the rights of those in the margins.

Keywords:EU law, Fundamental rights, intersectionality
Subjects:M Law > M120 European Union Law
Divisions:College of Social Science > Lincoln Law School
ID Code:32438
Deposited On:20 Oct 2018 21:28

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