expectations and demands stemming from their beliefs or their community, the other dictated by courts, such as the EuropeanCourtofHumanRights (ECtHR), and by domestic law.
Women are told both to veil and not to veil, and their access to the public sphere is monitored, if not restricted. As a result
through the law and religion jurisprudence of the us Supreme Court and the EuropeanCourtofHumanRights, which together offer a window into the shaping of the post-Christian West. This article proceeds by investigating three different areas of law: religion-state relations, individual religious freedom
the legal aspects of the discussion about the constitutionality of religious slaughter in Poland. In Part 3 we outline approaches to the issue in other European legal systems, namely in Germany, France (with the follow-up in the EuropeanCourtofHumanRights), and Austria, which can shed light on how
’ rights, derivative though separate from those of members. Rivers charts the shift from individual to collective approaches to questions of religious rights, giving a lucid and perceptive review of the evolving jurisprudence of the EuropeanCourtofHumanRights which focuses on rights such as legal
to the EuropeanCourtofHumanRights stated that the domestic law in the UK , the Equality Act 2010, had failed to protect their right to manifest their religious beliefs in relation to wearing crosses in the workplace (Eweida and Chaplin) and refused to provide services to same-sex couples (Ladele
France where the French Parliament approved the veil ban in schools according to Law 2004–228 of 15 March 2004, and Law 2010–1192 of 11 October 2010.
According to the Grand Chamber of the EuropeanCourtofHumanRights, S.A.S. v. France ,
these laws do not infringe on the freedom of
.), Encyclopedia of Religion , vol. 2 ., 2 nd ed. ( Farmington Hills, Mich. : Thomson Gale , 2005 ), 968 – 971 .
Leigh Ian , “ Damned if They Do, Damned if They Don’t: The EuropeanCourtofHumanRights and the Protection of Religion from Attack ,” Res Publica 17 ( 2011 ), 55 – 73 .
, 6 September
2015 . http://www.economist.com/blogs/erasmus/2015/09/migrants-christianity-and-europe (accessed 9 December 2015).
EuropeanCourtofHumanRights Grand Chamber .
Case of Lautsi and Others v Italy
Judgement ( 2011 ). http://hudoc.echr.coe.int/eng?i=001
Milot, Laïcités Sans Frontières (2011).
Esther Erlings, “‘The Government Did Not Refer to It’: SAS v France and Ordre Public at the EuropeanCourtofHumanRights”, 16 Melbourne Journal of International Law (2015), 587.
See Patrick Cabanel and André Encrevé, “De Luther à la Loi
In this article, I propose a conceptual legal-anthropological approach to the notion of “Sharia in the West.” Although the term “Sharia” is widely used in the West, it is rife with contradiction and confusion. For example, in 2003, the EuropeanCourtofHumanRights ruled that