1. Legal advocacy and strategic litigation Belgian Interfederal Centre for Equal Opportunities Imane El Morabet

2. Legal strategie of the Centre To engage in legal proceedings When? -Sound case -Precedent / Clarifying the law -Impact or gravity of the facts. -Are the victim(s) identified? -Attitude of the alleged discriminator Cf. Equinet report Providing Independent Assistance to Victims of Discrimination (2011)Providing Independent Assistance to Victims of Discrimination

3. Findings regarding religious discrimination Little case law on the criterion religion and/or belief in the context of the Framework Directive 2000/78 ( contrary to ECHR) Need for legal certainty Will of the Centre to push the debat on a higher level ( ECJ)

4. Case Samira A. & Interfederal Centre/ Group G  Facts  Questions of Law  Doubtable interpretations by national judges  Request for preliminary ruling (ECJ)

5. Facts Private security company To will to wear an Islamic headscarf Implicit neutrality policy Dismissal

6. Doubtable interpretations Limits notion ‘religion or belief’ Justification of discrimination

7. Questions of Law Neutrality in the context of commercial enterprises? Direct or indirect distinction? Justification?  Only one question is referred

8. Request for preliminary ruling Case C-157/15 “Should Article 2(2)(a) of Council Directive 2000/78/EC (…) be interpreted as meaning that the prohibition on wearing, as a female Muslim, a headscarf at the workplace does not constitute direct discrimination where the employer’s rule prohibits all employees from wearing outward signs of political, philosophical and religious beliefs at the workplace?”

9. Imane El Morabet Interfederal Centre of Equal Opportunities – Service Individual Support Legal Advisor imane,elmorabet@cntr.be +32 2 212 30 95 Thank you