'Of Hijabs and Shechitah/Halal – Does the CJEU (and perhaps even the ECtHR) have a Blind Spot about Non-Christian Religions?': CELS Seminar

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Business, Education, Society & Culture

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🗓️ 1 May 2024

⏱️ 53 minutes

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Summary

Speaker: Professor Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: As an AG Professor Sharpston worked on religious discrimination and employment matters, delivering an opinion in one of the first two hijab cases (Bougnaoui) and then the ‘shadow opinion’ in Wabe and Müller, which she posted via Professor Steve Peers’ EU law blog after leaving the Court. She has already compared Achbita and Bougnaoui to the decisions in Egenberger and the Caritas hospital case (IR v JQ) in her festschrift contribution for Allan Rosas. Unsurprisingly, she has been keeping an eye open for further developments in that case law (WABE and Müller, S.C.R.L (Religious clothing) and, most recently, Commune d’Ans (Grand Chamber, 28 November 2023). Additionally, she has also been looking at what the Court has been saying in relation to ritual slaughter of animals (as required for meat-eating observant Jews and Muslims). Notable cases include Liga van Moskeeën, Oeuvre d’assistance aux bêtes d’abattoirs (OABA) and Centraal Israëlitisch Constistorie. The case law of the European Court of Human Rights also addresses these issues: Eweida v UK on religious symbols in the workplace, and the very recent decision (13 February 2024) in Executief van de Moslims van België and Others v Belgium on banning ritual slaughter of animals without prior stunning. The cases are constitutionally important in terms of the deference shown to Member States; and in some respects, they are troubling for anyone who is religious and non-Christian. Discussion chaired by Dr Markus W. Gehring, Associate Professor, Faculty of Law and Member of CELS. For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series This entry provides an audio-only item for iTunes.

Transcript

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0:00.0	A very good afternoon to all of you.
0:07.0	Welcome to this penultimate SELD's seminar.
0:14.0	At this point in the academic year, today's speaker does not really need an introduction.
0:23.6	Professor Eleanor Sharpton, K.C. is the Goodhart Professor of the Faculty of Law here in the University
0:32.6	of Cambridge and has been a tremendous colleague to all of us inside the Center for
0:41.3	Eocinical Studies, but also beyond.
0:44.3	And I see many of her students here today, so a special welcome to all of you.
0:52.3	On behalf of the sales directors, it's my absolute pleasure to present to you, Professor Sharpton. She was not just a colleague and fellow of King's College here in Cambridge. She was also a very eminent member of the European Bar in London
1:15.9	and then became Advocate General in the court a position that she filled with great distinction.
1:26.9	Many of us in this room supervised EU law and this week and next week in particular feature,
1:36.3	two of her most prominent advocate general opinion.
1:41.3	If you haven't read them, please do. I told my students that if they wanted to see a
1:47.8	first class Cambridge essay, they should read some of Eleanor Sharpton's opinion. They are superbly
1:56.0	crafted and just fantastic to read.
2:08.2	Eleanor, Leo, it has been a real pleasure to have you here as Goodhead Professor all year.
2:13.8	I hope the university in its wisdom takes good note of that. And yeah, maybe there's more to come.
2:20.3	For those who are joining us today online, please ask your questions in the Q&A button.
2:32.3	The questions will be made available to Professor Sharfston and we'll select a few
2:40.0	questions first from the room and then from online. Leo. Thank you, Marcus. If that's the short
2:48.8	version of the introduction, I'd be really embarrassed to hear the long one.
2:52.5	Thank you for those very kind words. Ladies and gentlemen, good afternoon to you and greetings very much to the friends and interested people who, I'm sure, are future friends who are online.
3:07.4	I'm about to demonstrate whether I am
	...

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