Abstract

On the (In-)Visibility of Multidimensionality in Discrimination

An Analysis of Case Law concerning the Prohibition of Headscarves

Discrimination is multidimensional. It reproduces the manifold positionings of the individual in society and the resulting stigmatisations. Even though there are some norms addressing multiple discriminations, the jurisdiction has not established a coherent method of reflecting the multidimensional social positionings. Therefore, increased awareness of discrimination beyond discrimination on grounds of single personal attributes is necessary. To illustrate that, the item analyses the case law of the Bundesverfassungsgericht, the ECHR and the CJEU concerning the prohibition of headscarves. The specific situation of discrimination in case of the prohibition of headscarves is based on the categories gender, religion, and race. To unveil the multidimensionality in discrimination, these categories and the established social groups must be deconstructed. This article discusses the legal opportunities to address multidimensional discrimination.