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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

Anicée Van Engeland

expectations and demands stemming from their beliefs or their community, the other dictated by courts, such as the European Court of Human Rights (ECtHR), and by domestic law. 3 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

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

Mónika Ambrus

I. Of Margin of Appreciation and Standard of Proof The term ‘margin of appreciation’ is now closely associated with the European Court of Human Rights (ECtHR, Court): the concept has been devised and applied by this Court, but has subsequently also been incorporated, either explicitly or

Fernando Arlettaz

1 Introduction The European Court of Human Rights (ECtHR) case-law on religious freedom has been widely studied, and only the main general works on the subject can be cited here. 1 One aspect of this case-law deserves particular attention, both because of its intrinsic importance and because

Mark Hill and Katherine Barnes

9(1) has been interpreted by the European Court of Human Rights (the Court) to contain an “internal” and an “external” aspect. 1 The “internal” 2 aspect of Article 9, the right to freedom of thought, conscience and religion, is an absolute right such that it may not be restricted. 3 In contrast

Pamela Slotte

religious instruction can be organized in public (state-funded) schools so as to conform to fundamental human rights. The European Court of Human Rights has also recently dealt in Folgerø and Others v. Norway with an ambitious attempt to introduce compulsory non-confes- sional religious instruction in