Article (Accepted Version) http://sro.sussex.ac.uk Baldi, Giorgia (2018) Re-conceptualizing equality in the work place: a reading of the latest CJEU's opinions over the practice of veiling. Oxford Journal of Law and Religion, 7 (2). pp. 296-312.
This article aims to analyse the current European obsession with the practice of veiling. What emerges from this analysis is that the regulation of clothes and images in the public sphere is an integral part of European history and emerges as a necessary act of sovereign power aimed at instituting a precise law and religious subject through regulation of the licit form of visibility in the public sphere. This act, reinforced by the promulgation of exceptional rules of law, is necessary to maintain the unity and homogeneity of European people, in the past as well as nowadays.
The current debate over the hijab is often understood through the lens of a 'clash of civilizations' between a tolerant 'secular' 'West' and a chauvinist 'religious' 'East'. The article argues that this polarization is the result of a specific secular semiotic understanding of religion and religious practices which is nowadays embedded in western law. In my analysis, secular's normative assumptions, played around the control of women's body and the definition of religious symbols in the public sphere, work as a marker of 'citizenship' and 'racialized religious belonging'. Through women's body, western/secular law creates a link between gender, religion, ethnicity and belonging which forms a specific law and religious subject. Thus, secularism emerges not as the separation between private and public, state and religion, but as the reconfiguration of religious practices and sensitivities in the public secular space through the control of the visible.
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