David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Res Publica 14 (3):177-192 (2008)
Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life.
|Keywords||Autonomy Identity European Court of Human Rights Religion Islamic headscarves Gender equality|
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References found in this work BETA
Stanley I. Benn (1988). A Theory of Freedom. Cambridge University Press.
Gisela Bock & Susan James (eds.) (1992). Beyond Equality and Difference: Citizenship, Feminist Politics, and Female Subjectivity. Routledge.
G. W. F. Hegel (1979). Phenomenology of Spirit. OUP Oxford.
L. T. Hobhouse (1964). Liberalism. OUP Usa.
Citations of this work BETA
Sharon Cowan (2008). The Headscarf Controversy: A Response to Jill Marshall. Res Publica 14 (3):193-201.
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