David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This paper critically examines three key recent cases of superior courts concerning restrictions on religious symbols: a prohibition on wearing headscarves in Turkish universities, upheld by the Grand Chamber of the European Court of Human Rights (Sahin v Turkey)(2005); a restriction on a particular kind of Islamic dress in an English school, upheld by the British House of Lords (R (on the Application of Begum) v Headteacher and Governors of Denbigh High School); and an absolute ban on wearing a Sikh kirpan (a symbolic dagger) in a Quebecois school, struck down by the Canadian Supreme Court (Multani v Commission scolaire Marguerite-Bourgeoys). Each case focused on similar arguments about freedom to manifest one's religion, and dealt with subsidiary arguments about the impact of the respective restrictions on the right to education. While each case proceeded from different factual circumstances, there are considerable differences in their approaches to what were essentially the same human rights law questions. The decision of the European Court of Human Rights is the least satisfactory in both its reasoning and its result; the House of Lords arguably reached the correct result but its reasoning was abbreviated; and the Canadian Supreme Court properly reasoned its way to a correct result.
|Keywords||No keywords specified (fix it)|
|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
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Brett Dakin, The Islamic Community in Bosnia and Herzegovina V. The Republika Srpska: Human Rights in a Multi-Ethnic Bosnia.
Douwe Korff, The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights.
Sylvie Bacquet, Manifestation of Belief and Religious Symbols at Schools: Setting Boundaries in English Courts.
Eric Barendt (2011). Religious Hatred Laws: Protecting Groups or Belief? Res Publica 17 (1):41-53.
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.
Gregory Lewkowicz, Human Rights, Citizen Rights: The Presuppositions of the American and European Case Law.
S. Benhabib (2010). The Return of Political Theology: The Scarf Affair in Comparative Constitutional Perspective in France, Germany and Turkey. Philosophy and Social Criticism 36 (3-4):451-471.
Francesco Messineo, The House of Lords in Al-Jedda and Public International Law: Attribution of Conduct to Un-Authorized Forces and the Power of the Security Council to Displace Human Rights.
Jill Marshall (2008). Women's Right to Autonomy and Identity in European Human Rights Law: Manifesting One's Religion. Res Publica 14 (3):177-192.
Added to index2009-01-28
Total downloads8 ( #266,747 of 1,724,878 )
Recent downloads (6 months)1 ( #349,126 of 1,724,878 )
How can I increase my downloads?