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Charlotte Helen Skeet

here illustrates the significance of gender in the Orientalist constructions of both the claimant and the state. It argues that the European Court of Human Rights (ECtHR) not only fails to properly address rights claims by visibly-Muslim women, but also contributes to discrimination against visibly

Ivana Radačić

legal and political controversy. Two types of cases have been litigated before the European Court of Human Rights (the Court): those concerning the wearing of the Islamic headscarf in schools and universities by pupils/students and teachers, and those concerning the presence of the crucifix on the walls

Anette Faye Jacobsen

Introduction There has been extensive legal research over the last decades exploring the impact of child rights perspectives on the jurisprudence of the European Court of Human Rights (ECtHR). The legal assessment typically evaluates whether the ECtHR sufficiently takes into account child

Michał Rynkowski

omitted unless they appear in the database of the ECtHR and in literature. 1.2 The Case Law of the ECtHR The European Commission of Human Rights (until 1998) and the European Court of Human Rights (hereafter ECtHR) in Strasbourg, among thousands of judgments and decisions, have issued several hundred

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Michał Rynkowski

omitted unless they appear in the database of the ECtHR and in literature. 1.2 The Case Law of the ECtHR The European Commission of Human Rights (until 1998) and the European Court of Human Rights (hereafter ECtHR) in Strasbourg, among thousands of judgments and decisions, have issued several hundred

Geir Ulfstein and Andreas Zimmermann

1 Introduction In an, at least so far, largely unnoted judgment of 12 October 2017, in the case of Burmych and Others v. Ukraine , 1 the Grand Chamber of the European Court of Human Rights (‘ECtHR’) rejected more than 12,000 applications originating from Ukrainian applicants. It did so

Stephanie E. Berry

1 Introduction In the Kokkinakis decision, the European Court of Human Rights (ECtHR) accepted that in the context of Article 9 European Convention on Human Rights ( echr ), 1 ‘a certain margin of appreciation is to be left to the Contracting States in assessing the existence and extent

Javier Martínez-Torrón

. The European Court of Human Rights (ECtHR) has imposed adjustments on national systems only if necessary for the protection of freedom of religion or belief or other fundamental freedoms included in the echr . 3 The first difficult issue raised by Article 9 echr is how to define the notion of

Sophie van Bijsterveld

1 Introduction The 1993 Kokkinakis judgment was the first in which the European Court of Human Rights (hereafter: the European Court, the Court, or the ECtHR) found a violation of Article 9 of the European Convention on Human Rights (hereafter: the Convention or the echr ), the right

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Michał Rynkowski

Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.