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Human rights and religion : the Islamic headscarf debate in Europe / Dominic McGoldrick.
Van Pelt Library KJC5144.M56 M38 2006
By Request
- Format:
- Book
- Author/Creator:
- McGoldrick, Dominic.
- Language:
- English
- Subjects (All):
- Muslim women--Legal status, laws, etc--Europe.
- Muslim women.
- Hijab (Islamic clothing)--Law and legislation.
- Hijab (Islamic clothing).
- Clothing and dress--Religious aspects--Islam.
- Clothing and dress.
- Muslim women--Legal status, laws, etc.
- Europe.
- Physical Description:
- xx, 320 pages ; 24 cm
- Place of Publication:
- Oxford ; Portland, Or. : Hart Pub., 2006.
- Summary:
- The debate on multiculturalism and human rights in Europe was reignited in 2004 by the Islamic headscarf ban in France. The legal and political tensions thrown up by this debate are now being witnessed in many European states. The Place of religion in schools in general, and wearing of religious dress in states schools in general, and wearing of religious dress in state schools in particular, has become an issue across Europe. Supporters of the right to wear the Islamic headscarf argue that the ban similar prohibitions infringe a number of human rights. This book examines the issues by considering question of language, meaning and symbolism. In doing so it identifies the debates behind the debates. Detailed consideration is given to the headscarf debate in France. Comparative practice in a number of European states - Germany, Switzerland, Spain, Italy, Belgium, the Netherlands, the United Kingdom and Turkey - is also examined. Brief consideration is also given to a number of non-European states. The book also outlines the role and function of and international human rights law approach to the Islamic headscarf. It concludes with some wider reflections on the broader political and cultural struggles that lie behind the Islamic headscarf debate. This wider frame of analysis reveals the deeper significance of the Islamic headscarf bans.
- Contents:
- 1 Human Rights and Religion: the Challenge of the Islamic Headscarf-Hijab 4
- Introduction 4
- The Headscarf-Hijab: Language, Meaning and Significance 4
- The Headscarf-Hijab as a Religious Obligation? 8
- The Real Debates Behind the Debates on the Headscarf-Hijab 12
- The Headscarf-Hijab as an Instrument of Oppression of Woman 13
- The Headscarf-Hijab as a Political Symbol 17
- The Headscarf-Hijab as Evidence of the Failed Integration of Immigrants 17
- The Headscarf-Hijab and Terrorism 20
- Human Rights Perspectives on the Headscarf-Hijab 22
- Religion and Human Rights 24
- The Human Right to Freedom of Religion 25
- Article 18 of the International Covenant on Civil and Political Rights 26
- Article 9 of the European Convention on Human Rights 27
- The National Assessment and the margin of Appreciation 28
- Parents and Children 30
- European Union Standards 30
- The Role of Human Rights Thinking 31
- 2 The Islamic Headscarf Debate in France 34
- Introduction 34
- The Church and State in France 36
- The Law of 1905 36
- Laicite and Secularism 38
- The French Approach to Rights 41
- Assimilation and Integration 44
- France and International Human Rights law 46
- How France view Muslims 47
- Muslims in France 52
- The Wearing of the Headscarf-Hijab in France 61
- The Headscarf-Hijab Debate in France: l Affaire du Foulard 64
- The 1989 Opinion of the Conseil d Etat 68
- Cases in the Conseil dEtat 70
- The Neutrality of Civil Servants and Teachers 73
- The School Context 76
- The Headscarf-Hijab in the Private Sector 80
- President Chiracs Speech of 16 December 2003 81
- The Stasi commission 83
- The French Law on Headscarves-Hijab of 2004 90
- The Application of the New Law 91
- Reactions to the Ban on the Headscarf-Hijab 96
- The Law of 2004-Two Years On 100
- Concluding Comments 101
- 3 Comparative State Practice; Germany 107
- Introduction 107
- The Church and State in Germany 107
- The Muslim Community in Germany 109
- The Headscarf-Hijab Debate in Germany 110
- The Ludin Case 111
- The Minority Judgment in Ludin 114
- Responses to the Ludin Case 115
- Concluding Comments 118
- 4 Comparative state Practice: Switzerland 120
- Church and state in Switzerland 120
- Muslims in Switzerland 120
- The Dahlab Case 121
- The Dehlab Case in the Swiss Federal Court 122
- The European Court of Human Rights in Dahlab 129
- Concluding Comments 131
- 5 Comparative state Practice: Turkey 132
- Introduction 132
- State and Religion in Turkey 132
- The Headscarf-Hijab Debate in Turkey 133
- Turkish Cases Before the European Commission on Human Rights 137
- Leyla Sahin v Turkey the Judgment of the European Court of Human Rights 140
- The Assessment of the Grand Chamber on Article 9 European Convention on Human Rights Freedom of Religion 150
- The Assessment of the Grand Chamber of Article 2 of Protocol 1: the Right to Education 157
- The Assessment of the Grand Chamber on Articles 8 (privacy), 10 (expression) and 14 (non-discrimination) 159
- The Dissent of judge Tulkens in the Grand Chamber 159
- The Significance of the Decision in Leyla Sahin v Turkey 167
- The Advocacy of Islamic Headscarves-Hijab in Turkish Politics 169
- Concluding Comments 171
- 6 Comparative State Practice United Kingdom 173
- Introduction 173
- State and Church in the United Kingdom 173
- Muslims in the United Kingdom 174
- Muslims and School Uniforms in England and Wales 176
- The Begum Case in the High Court 180
- The Begum Case in the Court of Appeal 184
- The Begum Case in the House of Lords 190
- Conduding Comments 203
- 7 Comparative State Proactive Spain, Italy, Belgium the Netherlands, and Other European States 205
- Spain 205
- Italy 206
- Belgium 210
- The Netherlands 212
- Other European States 214
- Concluding Comments 218
- 8 Comparative State Practice; Non-European States 220
- Introduction 220
- The United States 220
- Uzbekistan 225
- Trinidad 230
- Afghanistan 232
- Singapore 233
- Saudi Arabia 233
- Iran 234
- Concluding Comments 236
- 9 Applying International Human Rights Standards to the Headscarf-Hijab 237
- Introduction 237
- Individual Applications to National Courts and International Human Rights Bodies 237
- Individual and Group Identities and Rights 241
- Negative and Positive Aspects of a Human Rights 244
- The Right to Freedom of Religion 246
- The Human Rights Context of Church-State Relations Under the ECHR 247
- Limitations on religious freedoms on the basis of the protection of public order and the protection of the rights and freedoms of others 250
- Religious Discrimination and Islamophobia 252
- Religious Discrimination and the European Union 257
- Racial Discrimination 259
- Gender Discrimination and Feminist Perspectives 261
- Autonomy and Consent 270
- Minority Rights and Cultural Rights 275
- Childrens Rights and Parents Rights 276
- Teachers Rights and Childrens Rights 282
- Concluding Comments 286
- 10 Wider Perspectives on the Headscarf-Hijab 288
- Introduction 288
- National Identity 288
- National Identity and International Human Rights law 289
- Changing National Identity 294
- Multiculturalism and Islamophobia 298
- Secularism Versus Religion 301
- Secularism and International Human Rights Law 303
- Secularism and Neutrality 304
- Liberalism and Religious Education 305
- Liberalism and Religious Fundamentalism 306
- Concluding Comments 308.
- Notes:
- Includes bibliographical references and indexes.
- ISBN:
- 9781841136523
- 1841136522
- OCLC:
- 65469691
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