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 themes and issues explored in this book - religion, human rights, politics and society could not be more relevant to the post 11 September 2001 world. They lie at the heart of global political debate today.
The collection explores these issues after the passing of just over two decades from the adoption of the United Nations Declaration on the Elimination of all Forms of Intolerance and Discrimination based on Religion or Belief. That declaration set out minimum international standards for the elimination of such discrimination. Sadly the challenge of intolerance on the basis of religion or belief continues to plague us, and tackling it seems to have become increasingly entrenched.
The complexity of this phenomenon requires expertise from different quarters. This collection draws from diplomatic, activist and theological quarters and benefits from the analysis of scholars of law, history, religious studies and sociology.
The ten chapters of this collection examine the relationship between human rights, law and religion; offer a typology for the study of religious persecution; problematise the consequences flowing from religious establishment in religiously plural society; analyse the implications of the directions being taken by the jurisprudence of the European Court of Human Rights and the protections offered by the European Commission council Directive 2000/43/EC outlawing workplace discrimination; study the 1981 Declaration and its promotion through the work of the UN Special Rapporteur on Freedom of Religion or Belief; and explore the intricacies of this freedom in detail from within the context of the United Kingdom and The Netherlands.
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
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
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
The religious free market has also been adopted by legal scholars abroad in their analysis of foreign jurisdictions. Examples include Russell Sandberg’s assessment of the EuropeanCourtofHumanRights, 25 Kyriakos N. Kyriazopoulos’s critique of Greek anti-proselytization laws, 26 and Li-Ann Thio
basic democratic rights and principles.
* The first author’s contribution was made possible thanks to funding from the European Research Council for the project ‘Strengthening the EuropeanCourtofHumanRights: More Accountability through Better Legal Reasoning’. The second author
proportionality. See Jamal Greene, “The Rule of Law as a Law of Standards,” 99 Geo. L.J. (2011), 1289, 1291 (“Many of the world’s most respected constitutional courts, including the courts of Canada, Germany, Israel, India, and South Africa, in addition to the EuropeanCourtofHumanRights and the European