Legal advocacy and strategic litigation

1. Legal advocacy and strategiclitigation Belgian Interfederal Centre for Equal Opportunities Imane El Morabet

2. Legal strategie of the Centre • To engage in legal proceedings • When? • Sound case • Precedent / Clarifying the law • Impact or gravity of the facts. • Are the victim(s) identified? • Attitude of the alleged discriminator Cf. Equinet report Providing Independent Assistance to Victims of Discrimination(2011)

3. Findings regarding religious discrimination • Little case law on the criterion religion and/or belief in the context of the Framework Directive 2000/78 ( contrary to ECHR) • Need for legalcertainty • Will of the Centre to push the debat on a higherlevel ( ECJ)

4. Case Samira A. & Interfederal Centre/ Group G • Facts • Questions of Law • Doubtableinterpretations by national judges • Request for preliminary ruling (ECJ)

5. Facts • Private security company • To will to wear an Islamic headscarf • Implicit neutrality policy • Dismissal

6. Doubtable interpretations • Limits notion ‘religion or belief’ • Justification of discrimination

7. Questions of Law • Neutrality in the context of commercial enterprises? • Direct or indirect distinction? • Justification?  Only one question isreferred

8. Request for preliminary ruling • Case C-157/15 • “Should Article 2(2)(a) of Council Directive 2000/78/EC  (…) be interpreted as meaning that the prohibition on wearing, as a female Muslim, a headscarf at the workplace does not constitute direct discrimination where the employer’s rule prohibits all employees from wearing outward signs of political, philosophical and religious beliefs at the workplace?”

9. Thank you Imane El Morabet Interfederal Centre of EqualOpportunities – Service Individual Support LegalAdvisor imane,elmorabet@cntr.be +32 2 212 30 95