When Caution is Justified

Little CJEU case law has been as fiercely criticised as that relating to the right to be free from religious discrimination. However, the CJEU recently found a sympathiser in Ronan McCrea. He argues that the approach is one of “justifiable caution”. Despite my disagreements with him, I believe that we must take McCrea’s position seriously to be able to develop a more fine-grained view of when caution is warranted. At the same time, I still firmly believe that the case law on religious clothing reveals deeply troubling attitudes toward Muslim women that have no place under anti-discrimination law.

Authors

Publication Details

Journal
intR2Dok (Staatsbibliothek zu Berlin)
Published
2026-01-12
DOI
https://doi.org/10.17176/20260112-172223-0
Primary Topic
Religious Freedom and Discrimination
Type
article
Field-Weighted Citation Impact
0.00
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article

When Caution is Justified

Martijn van den Brink
intR2Dok (Staatsbibliothek zu Berlin)
Religious Freedom and Discrimination
article

When Caution is Justified

Martijn van den Brink
article en

Abstract

Little CJEU case law has been as fiercely criticised as that relating to the right to be free from religious discrimination. However, the CJEU recently found a sympathiser in Ronan McCrea. He argues that the approach is one of “justifiable caution”. Despite my disagreements with him, I believe that we must take McCrea’s position seriously to be able to develop a more fine-grained view of when caution is warranted. At the same time, I still firmly believe that the case law on religious clothing reveals deeply troubling attitudes toward Muslim women that have no place under anti-discrimination law.

intR2Dok (Staatsbibliothek zu Berlin)
Gender equality
Openalex Percentile: Top 90%
Religious Freedom and Discrimination
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When Caution is Justified — Martijn van den Brink · intR2Dok (Staatsbibliothek zu Berlin) (2026) | TGRS Research Map | TGRS