Naming and Framing of Intersectionality in Hijab Cases — Does It Matter? An Analysis of Discrimination Cases in Scandinavia and the Netherlands

Abstract

This article examines how intersectionality is recognized in hijab discrimination cases brought before the Norwegian, Swedish, Danish and Dutch equality bodies. Hijab cases are regarded as a perfect example of intersectionality, as religion and gender are interwoven in the use of the Muslim veil. The theoretical shift towards intersectionality has influenced substantial revisions of equality policies, bodies and laws. Recognizing intersectionality has become synonymous with quality in the equality architecture. We question this and argue that quality must be scrutinized empirically, including the practice of the equality bodies. Our results show that most complainants do not present their cases as intersectional discrimination, and that only the Norwegian equality body applies an intersectional approach. However, an intersectional approach seems not to be crucial to protect against discrimination in these cases. Thus, we argue that the quality of the equality architecture should be scrutinized more on the process, judgement and actual ability to promote equality, than on the naming and framing of intersectionality.

Perception of Western governments’ hostility to Islam among European Muslims before and after ISIS: the important roles of residential segregation and education

“…The hijab is perceived by a number of Western governments as a ‘sign of oppression and an irreconcilable difference between Islam and the West’ (Yamashita : 33). After introduction of burqa bans, there has been a growing number of legal cases brought to European courts, in countries such as Norway, Sweden, Denmark, and the Netherlands, by Muslim women claiming they are being subjected to discrimination due to their religious practice of wearing of a hijab (Dupont ; Halrynjo and Jonker ). Regarding Western governments’ discriminatory policies and their effects on European Muslims, another study shows that fundamentalist Muslims in Germany took the 2009 Swiss minaret (the tower‐like structures adjacent to mosques) ban as a sign of ‘the West’s hostility towards Islam, in general, and their identities as fighters in an inevitable global jihad ’ (Holtz, Dahinden and Wagner : 1).…”

An intersectional perspective on Muslim women's issues and experiences in employment

“…While both white and ethnic minority women face issues and challenges in employment, there is an element of compounding oppression (ethnicity/race in addition to their gender) facing ethnic minority women, that is, different categories of prejudice that adversely affect women with multiple disadvantaged social identities (Paludi, ). While a few women from ethnic minority groups manage to achieve a managerial or leadership position, they often face additional challenges such as ethnic/racial taboos, cultural pressures and negative stereotypes from senior colleagues and other employees (Davidson, ; Halrynjo & Jonker, ).…”

Doing gender, modestly: Conceptualizing workplace experiences of Pakistani women doctors

“…Although complex intersections of gender with other markers of inequality — class, race and ethnicity — within organizations are an active area of research (Acker, ; Healy, Bradley, & Forson, ), the importance of religion and its role in legitimizing patriarchal sociocultural norms within organizations remains mostly undertheorized (see Ruiz Castro & Holvino, , for a notable exception). This is an important limitation because research on Muslim women's workplace experiences indicates that religion, as part of cultural norms and individual practices, intersects with other markers of their personal and professional identities in multiple significant ways (Halrynjo & Jonker, ; Healy et al, ; Syed & Pio, , ). Particularly important in this regard is the need for a deeper understanding of the norms of veil and purdah (literally, a curtain) — a complex system of religious practices and beliefs, ensuring modesty and honour in social interactions — which constitute an important dimension of lived experiences of both Muslim men and Muslim women (Syed, ).…”

“…While there is a growing body of literature examining the importance of norms of modesty and hijab in determining Muslim women's labour force participation, career outcomes and workplace experiences (Ali, Yamada, & Mahmood, ; Arar & Shapira, ; Prasad, ; Syed, Ali, & Winstanley, ), there remain several important limitations: first, apart from some notable exceptions (see,e.g., Ali, ; Sidani, ; Syed, ; Syed et al, ), most of this research focuses on the experiences of Muslim women in western contexts (Golnaraghi & Mills, ; Prasad, ), especially discrimination against hijab (Ghumman & Ryan, ; Halrynjo & Jonker, ; King & Ahmad, ). Despite increasing interest, there is a paucity of research on how norms of modesty operate in organizations within Muslim majority contexts (MMCs).…”

“…Second, while there is research that examines intersections of hijab (as a religious practice) with other axes of identity (Halrynjo & Jonker, ; Murray & Ali, 2017; Tariq & Syed, ), heterogeneities within the experiences of women who observe different forms of purdah remain unexplored. This is particularly important, because women may understand and practice purdah in multiple ways, and the meanings associated with these individual practices may also change based on the social context and organizational culture in which they operate.…”