WRITTEN QUESTION P-3884/00 by Helle Thorning-Schmidt (PSE) to the Commission. Ban on wearing headscarves at work.
Date: 2000-12-04
Institutions: European Parliament, Provisional data
Subjects: Islamic law, equal treatment, religious discrimination, workplace

6.6.2001

EN

Official Journal of the European Communities

C 163 E/221

In a climate in which Europe is increasingly mindful of its social dimension, I am concerned about the
wisdom of these dismissals and wonder whether resources have been soundly managed.

Does the Commission agree that, before recruiting new staff, it would be wiser to make optimum use of
the human resources available in the WEU? If so, what prospects does it intend to offer the officials
concerned?

Answer given by Mr Kinnock on behalf of the Commission

(5 January 2001)

The recruitment of staff for the institutions of the Community is regulated clearly by the Statute. In
accordance with Article 29 of the Staff Regulations, other than in a limited number of cases (A1 and A2
officials and, in exceptional cases, for recruitment to posts which require special qualifications), recruitment
of permanent officials can only take place following the successful participation in a competition, which is
open to all nationals of Member States.

The Commission shares the Hon Member(cid:146)s view that the skills and the experience of staff of the Western
European Union (WEU) who are affected by the organizational changes within the WEU can be of value to
the Institutions of the Community. Therefore, the Commission has already entered into a dialogue with the
WEU General Secretariat and with WEU staff representatives in order to explore the possibilities for
recruitment of WEU staff in conformity with the Staff regulations.

(2001/C 163 E/260)

WRITTEN QUESTION P-3884/00

by Helle Thorning-Schmidt (PSE) to the Commission

(4 December 2000)

Subject: Ban on wearing headscarves at work

Does the Commission take the view that it is consistent with the directive establishing a general framework
for equal treatment in employment and occupation for an employer to ban employees from wearing
headscarves which they wish to wear on religious grounds when the ban is not based on considerations of
safety?

Answer given by Ms Diamantopoulou on behalf of the Commission

(2 February 2001)

On 27 November 2000, the Council adopted Directive 2000/78/EC establishing a general framework for
equal treatment in employment and occupation (1). It is planned that this Directive will come into force on
2 December 2003.

Article 2 of this Directive prohibits any direct or indirect discrimination based on religion. Wearing an
is considered to be a distinctive sign of belonging to a certain religion. In
Islamic headscarf (Hijab)
principle, an employer banning its employees from wearing such Islamic headscarves or veils could be
seen as a case of discrimination based on religion and therefore contrary to Directive 2000/78/EC.

However, in certain occupations, workers must adopt a specific dress code, or even a uniform, in order to
do their job (for example in hospitals) for reasons relating in particular to the protection of health and
safety. In such a case, an employer banning its employees from wearing such Islamic headscarves does not
appear to be a case of discrimination based on religion and would not come under the scope of the
Directive.

It will be up to national judges to assess the facts and circumstances of individual cases and to rule on the
issue once the Directive is in force.

(1) OJ L 303, 2.12.2000.