David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
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|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
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.
Similar books and articles
Lars Reuter (2000). Human is What is Born of a Human: Personhood, Rationality, and an European Convention. Journal of Medicine and Philosophy 25 (2):181 – 194.
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Dana Irina (2011). A Culture of Human Rights and the Right to Culture. Journal for Communication and Culture 1 (2):30-48.
Louis Henkin (1998). Religion, Religions, and Human Rights. Journal of Religious Ethics 26 (2):229 - 239.
Gregory Lewkowicz, Human Rights, Citizen Rights: The Presuppositions of the American and European Case Law.
George Letsas (2007). A Theory of Interpretation of the European Convention on Human Rights. Oup Oxford.
Ian Leigh (2011). Damned If They Do, Damned If They Don't: The European Court of Human Rights and the Protection of Religion From Attack. Res Publica 17 (1):55-73.
Added to index2009-01-28
Total downloads15 ( #127,632 of 1,692,891 )
Recent downloads (6 months)2 ( #114,250 of 1,692,891 )
How can I increase my downloads?