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Human Rights and Religion - The Islamic Headscarf Debate in Europe : The Islamic Headscarf Debate in Europe - Dominic McGoldrick

Human Rights and Religion - The Islamic Headscarf Debate in Europe

The Islamic Headscarf Debate in Europe

Paperback

Published: 31st August 2006
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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 State schools in particular, has become an issue across Europe. Supporters of the right to wear the headscarf argue that the ban and similar prohibitions infringe upon a number of human rights. This book examines the issues by considering questions 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, and at the same time, comparative practice in a number of European states - Germany, Switzerland, Spain, Italy, Belgium, the Netherlands, the UK, and Turkey - is examined. Brief consideration is also given to a number of non-European states. The book also outlines the role and function of an international human rights law approach to the Islamic headscarf. The wider the frame of analysis, the deeper the significance of the headscarf ban can appear to be. The book concludes with some reflections on the broader political and cultural struggles that lie behind the headscarf debate.

The study us well written, superbly researched, timely, hugely informative, accessible and interesting. Urfan Khaliq International Journal on Minority and Group Rights Volume 15, 2008 ...an interesting and timely text...an excellent reference point for anyone interested in the issue, as it draws on an impressive variety of sources...the book's encyclopaedic breadth is remarkable and will be of much appeal to legal academics and practitioners alike. Anastasia Vakulenko Scolag Legal Journal, Issue 350 Dec 06 Dominic McGoldrick, while justifiably devoting substantial space to France, which has experienced the greatest problems, breaks new ground not only by providing an eminently useful European survey of the subject but also encompassing aspiring European Union member Turkey and several non-European states besides...the book is packed with interesting material clearly presented for the lay reader. The author brings to bear a degree of linguistic and legal precision often lacking from the participants' arguments. Malcolm Crook Times Higher Education Supplement March 2007 This book offers a luminous and sober analysis, based on applicable principles of international human rights law. The Commonwealth Lawyer Vol. 16, No. 2, August 2007 Pulling together so much information from so many different jurisdictions was no doubt a huge task and one for which McGoldrick is to be commended...McGoldrick demonstrates that this is a fascinating subject for a perfectly rational religious, political and legal debate. Jago Russell European Human Rights Law Review 2007, 5

Acknowledgmentsp. vii
Table of Casesp. xv
Introductionp. 1
Human Rights and Religion: the Challenge of the Islamic Headscarf-Hijabp. 4
Introductionp. 4
The Headscarf-Hijab: Language, Meaning and Significancep. 4
The Headscarf-Hijab as a Religious Obligation?p. 8
The Real Debates Behind the Debates on the Headscarf-Hijabp. 12
The Headscarf-Hijab as an Instrument of Oppression of Womanp. 13
The Headscarf-Hijab as a Political Symbolp. 17
The Headscarf-Hijab as Evidence of the Failed Integration of Immigrantsp. 17
The Headscarf-Hijab and Terrorismp. 20
Human Rights Perspectives on the Headscarf-Hijabp. 22
Religion and Human Rightsp. 24
The Human Right to Freedom of Religionp. 25
Article 18 of the International Covenant on Civil and Political Rightsp. 26
Article 9 of the European Convention on Human Rightsp. 27
The National Assessment and the margin of Appreciationp. 28
Parents and Childrenp. 30
European Union Standardsp. 30
The Role of Human Rights Thinkingp. 31
The Islamic Headscarf Debate in Francep. 34
Introductionp. 34
The Church and State in Francep. 36
The Law of 1905p. 36
Laicite and Secularismp. 38
The French Approach to Rightsp. 41
Assimilation and Integrationp. 44
France and International Human Rights lawp. 46
How France view Muslimsp. 47
Muslims in Francep. 52
The Wearing of the Headscarf-Hijab in Francep. 61
The Headscarf-Hijab Debate in France: l' Affaire du Foulardp. 64
The 1989 Opinion of the Conseil d' Etatp. 68
Cases in the Conseil d'Etatp. 70
The Neutrality of Civil Servants and Teachersp. 73
The School Contextp. 76
The Headscarf-Hijab in the Private Sectorp. 80
President Chirac's Speech of 16 December 2003p. 81
The Stasi commissionp. 83
The French Law on Headscarves-Hijab of 2004p. 90
The Application of the New Lawp. 91
Reactions to the Ban on the Headscarf-Hijabp. 96
The Law of 2004-Two Years Onp. 100
Concluding Commentsp. 101
Comparative State Practice; Germanyp. 107
Introductionp. 107
The Church and State in Germanyp. 107
The Muslim Community in Germanyp. 109
The Headscarf-Hijab Debate in Germanyp. 110
The Ludin Casep. 111
The Minority Judgment in Ludinp. 114
Responses to the Ludin Casep. 115
Concluding Commentsp. 118
Comparative state Practice: Switzerlandp. 120
Church and state in Switzerlandp. 120
Muslims in Switzerlandp. 120
The Dahlab Casep. 121
The Dehlab Case in the Swiss Federal Courtp. 122
The European Court of Human Rights in Dahlabp. 129
Concluding Commentsp. 131
Comparative state Practice: Turkeyp. 132
Introductionp. 132
State and Religion in Turkeyp. 132
The Headscarf-Hijab Debate in Turkeyp. 133
Turkish Cases Before the European Commission on Human Rightsp. 137
Leyla Sahin v Turkey the Judgment of the European Court of Human Rightsp. 140
The Assessment of the Grand Chamber on Article 9 European Convention on Human Rights Freedom of Religionp. 150
The Assessment of the Grand Chamber of Article 2 of Protocol 1: the Right to Educationp. 157
The Assessment of the Grand Chamber on Articles 8 (privacy), 10 (expression) and 14 (non-discrimination)p. 159
The Dissent of judge Tulkens' in the Grand Chamberp. 159
The Significance of the Decision in Leyla Sahin v Turkeyp. 167
The Advocacy of Islamic Headscarves-Hijab in Turkish Politicsp. 169
Concluding Commentsp. 171
Comparative State Practice United Kingdomp. 173
Introductionp. 173
State and Church in the United Kingdomp. 173
Muslims in the United Kingdomp. 174
Muslims and School Uniforms in England and Walesp. 176
The Begum Case in the High Courtp. 180
The Begum Case in the Court of Appealp. 184
The Begum Case in the House of Lordsp. 190
Conduding Commentsp. 203
Comparative State Proactive Spain, Italy, Belgium the Netherlands, and Other European Statesp. 205
Spainp. 205
Italyp. 206
Belgiump. 210
The Netherlandsp. 212
Other European Statesp. 214
Concluding Commentsp. 218
Comparative State Practice; Non-European Statesp. 220
Introductionp. 220
The United Statesp. 220
Uzbekistanp. 225
Trinidadp. 230
Afghanistanp. 232
Singaporep. 233
Saudi Arabiap. 233
Iranp. 234
Concluding Commentsp. 236
Applying International Human Rights Standards to the Headscarf-Hijabp. 237
Introductionp. 237
Individual Applications to National Courts and International Human Rights Bodiesp. 237
Individual and Group Identities and Rightsp. 241
Negative and Positive Aspects of a Human Rightsp. 244
The Right to Freedom of Religionp. 246
The Human Rights Context of Church-State Relations Under the ECHRp. 247
Limitations on religious freedoms on the basis of the æprotection of public order' and the æprotection of the rights and freedoms of others'p. 250
Religious Discrimination and Islamophobiap. 252
Religious Discrimination and the European Unionp. 257
Racial Discriminationp. 259
Gender Discrimination and Feminist Perspectivesp. 261
Autonomy and Consentp. 270
Minority Rights and Cultural Rightsp. 275
Children's Rights and Parents Rightsp. 276
Teachers Rights and Children's Rightsp. 282
Concluding Commentsp. 286
Wider Perspectives on the Headscarf-Hijabp. 288
Introductionp. 288
National Identityp. 288
National Identity and International Human Rights lawp. 289
Changing National Identityp. 294
Multiculturalism and Islamophobiap. 298
Secularism Versus Religionp. 301
Secularism and International Human Rights Lawp. 303
Secularism and Neutralityp. 304
Liberalism and Religious Educationp. 305
Liberalism and Religious Fundamentalismp. 306
Concluding Commentsp. 308
Author Indexp. 311
Indexp. 317
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841136523
ISBN-10: 1841136522
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 340
Published: 31st August 2006
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.5 x 15.24  x 1.91
Weight (kg): 0.52
Edition Number: 1