Prohibitions against Religious Clothing and Symbols in Public Schools and Universities: Narrowing the Scope by Introducing the Principle of Equal Treatment of Religious Manifestations
The reasoning and conclusions reached by the European Court of Human Rights in cases against some Member States that involve prohibitions against the wearing of religious clothes and symbols in public educational institutions have led scholars to argue that introduction of similar prohibitions in ot...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill, Nijhoff
2015
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| In: |
Religion and human rights
Year: 2015, Volume: 10, Issue: 2, Pages: 160-190 |
| Further subjects: | B
Article 9 European Convention of Human Rights
strictness of review
margin of appreciation
equal treatment
religious manifestations
diversity
Islamic headscarf
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| Online Access: |
Volltext (Verlag) |
| Summary: | The reasoning and conclusions reached by the European Court of Human Rights in cases against some Member States that involve prohibitions against the wearing of religious clothes and symbols in public educational institutions have led scholars to argue that introduction of similar prohibitions in other Member States will be in conformity with the Convention. By broadening the spectrum of relevant case-law, this article will argue that the wide margin of appreciation often referred to, conceals that the strictness of review may vary considerably depending on the circumstances of each case. The principle of equal treatment of religious manifestations is introduced as a norm that influences the strictness of review. Further, it is discussed to what extent the aim of preserving gender equality and the aim of avoiding religious pressure may be put forward in order to justify the introduction of prohibitions. |
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| ISSN: | 1871-0328 |
| Contains: | In: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-12341285 |