This paper considers the possibility of using the prohibition of harassment under European anti-discrimination laws to fight the legality of headscarf bans. In fact, so far Muslim women have been unsuccessful in litigating such bans both before the ECtHR and CJEU. Rather than configuring these cases as violations of religious freedom or direct/indirect discrimination on...
Tag: <span>Mathias Möschel</span>
Gender and Ethnic Diversity in International Arbitration
The absence of women in international arbitration causes concerns from an equality perspective but also from a representational democracy perspective. Put differently, the absence of women constitutes an issue for the legitimacy of such jurisdictions. This is problematic given that an increasing number of issues are “litigated“ via arbitration and that in certain areas, such...