On Turbans, Abayas, and Colanders: The Scope of Religious Dress in a Pluralistic Society

Abstract

This article scrutinizes the ongoing European debate surrounding religious attire, particularly in the context of legal restrictions and requests for accommodation. The core inquiry revolves around the ambiguous definition of ‘religious dress’, encompassing both prescribed attire and symbols with religious significance. Beyond conventional religious garments that are generally legally accepted, the article delves into the contentious classification of cultural styles, as seen recently with the ban on abayas and qamis in French public schools, and the exemptions for ‘religious dress’ claimed by adherents to mock religions such as Pastafarianism. Acknowledging the contested nature of defining religion, the article examines the potential necessity for legal definitions, emphasizing their role in determining both recognition and limitations. The study navigates the European legal framework, drawing insights from supranational sources and the case law of the European Court of Human Rights to unravel the intricacies, challenges, and implications of regulating religion and religious dress in Europe.