Restrictions and Prohibition of the Use of Hijab on Company Employees: A Human Rights Analysis

Abstract

Discourse regarding the prohibition of the use of headscarves in companies has become dillematic issues in human rights. This study aims to analyze the prohibition of the use of headscarves in companies in the context of human rights by analyzing and comparing some laws and regulations. This study found and confirmed that although the views on human rights in each country are different, there is one basic right that all human beings must have, namely natural rights that all human beings have. One of these natural rights is the right to freedom of religion. In the 1945 Constitution the right to freedom of religion is regulated in Article 28E paragraph (1), Article 28E paragraph (2), and  Article 29 paragraph (2) of the 1945 Constitution. Even in labor relations in Indonesia, Law No. 13 of 2003 concerning Manpower confirms with regard to discrimination against veiling while working, that every worker/laborer has the right to receive equal treatment without discrimination from employers. In addition, several regulations issued by the United Nations which regulate freedom of religion for all mankind include the Charter of the Declaration of Human Rights, the 1948 Declaration of Human Rights, the ICCPR (International Covenant on Civil and Political Rights), and CEDAW (Convention on Elimination of All Forms of Discrimination Against Women).