What not to Wear: Religious Rights, the European Court, and the Margin of Appreciation

Tom Lewis

65 citations0/0 files storedInternational and Comparative Law Quarterly

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Religious Freedom and Discrimination European and International Law Studies Discrimination and Equality Law

Abstract

The issue of religious dress, specifically female Muslim religious dress, has been the subject of intense controversy within Europe over recent years. In the United Kingdom comments by Jack Straw MP, Leader of the House of Commons and a former Home and Foreign Secretary, that he felt uncomfortable talking to women at his constituency surgery who wore the Muslim veil sparked a storm of intense and, at times, acrimonious debate.1In France the banning of headscarves in State schools has provoked major controversy.2In the Netherlands the Dutch Parliament voted to ban theburkain public places3and in five Belgian towns its wearing has been banned on pain of a fine.4

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References

1971A Theory of Justice 1993The Clash of Civilizations?1978Taking Rights Seriously 2000The Clash of Civilizations?1988The Morality of Freedom 2003Rethinking Multiculturalism: Cultural Diversity and Political Theory 1991Liberal Purposes 2001Rethinking multiculturalism: cultural diversity and political theory

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2011The ‘new’ barbarians: governmentality, securitization and Islam in Western Europe 2011The limits of post-national citizenship: European Muslims, human rights and thehijab 2011Crucifixes, Margin of Appreciation and Consensus: The Grand Chamber Ruling in Lautsi v Italy 2009A rights-based discourse to contest the boundaries of state secularism? The case of the headscarf bans in France and Turkey 2010From Cartoons to Crucifixes: Current Controversies Concerning the Freedom of Religion and the Freedom of Expression before the European Court of Human Rights 2012Transnational Understandings of Secularisms and Their Impact on the Right to Religious Freedom—Exploring Religious Symbols Cases at the UN and ECHR

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