The Ban on Veils in Educational Institutions: Jurisprudence of the European Court of Human Rights
Debate on wearing Islamic headscarves in the public sphere, including in education institutions, has been one of the most heated debates in today’s Europe. The question of the relationship between human rights and the wearing of an Islamic headscarf in education institutions has been posed in many n...
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| Format: | Article |
| Language: | English |
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University of Zagreb, Faculty of Law
2008-12-01
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| Series: | Croatian Yearbook of European Law and Policy |
| Subjects: | |
| Online Access: | https://www.cyelp.com/index.php/cyelp/article/view/70 |
| _version_ | 1811251715062628352 |
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| author | Ivana Radačić |
| author_facet | Ivana Radačić |
| author_sort | Ivana Radačić |
| collection | DOAJ |
| description | Debate on wearing Islamic headscarves in the public sphere, including in education institutions, has been one of the most heated debates in today’s Europe. The question of the relationship between human rights and the wearing of an Islamic headscarf in education institutions has been posed in many national and international jurisdictions, including before the European Court of Human Rights. This paper explores the Court’s approach to bans on wearing Islamic headscarves in education institutions by analysing its case law on the issue. Analysis is focused on the Court’s interpretation of the principle of secularism/neutrality and gender equality. The author criticises the Court’s overly differential approach, arguing that the principles of equality and secularism have been interpreted in a paternalistic and simplistic manner. |
| first_indexed | 2024-04-12T16:24:29Z |
| format | Article |
| id | doaj.art-3a3632eff69548e4b9d77314a546fc54 |
| institution | Directory Open Access Journal |
| issn | 1845-5662 1848-9958 |
| language | English |
| last_indexed | 2024-04-12T16:24:29Z |
| publishDate | 2008-12-01 |
| publisher | University of Zagreb, Faculty of Law |
| record_format | Article |
| series | Croatian Yearbook of European Law and Policy |
| spelling | doaj.art-3a3632eff69548e4b9d77314a546fc542022-12-22T03:25:26ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582008-12-01426828510.3935/cyelp.04.2008.70The Ban on Veils in Educational Institutions: Jurisprudence of the European Court of Human RightsIvana Radačić0Ivo Pilar Institute of Social SciencesDebate on wearing Islamic headscarves in the public sphere, including in education institutions, has been one of the most heated debates in today’s Europe. The question of the relationship between human rights and the wearing of an Islamic headscarf in education institutions has been posed in many national and international jurisdictions, including before the European Court of Human Rights. This paper explores the Court’s approach to bans on wearing Islamic headscarves in education institutions by analysing its case law on the issue. Analysis is focused on the Court’s interpretation of the principle of secularism/neutrality and gender equality. The author criticises the Court’s overly differential approach, arguing that the principles of equality and secularism have been interpreted in a paternalistic and simplistic manner.https://www.cyelp.com/index.php/cyelp/article/view/70islamic headscarveseducation institutionshuman rightseuropean court of human rightsprinciple of secularism/neutralitygender equality |
| spellingShingle | Ivana Radačić The Ban on Veils in Educational Institutions: Jurisprudence of the European Court of Human Rights Croatian Yearbook of European Law and Policy islamic headscarves education institutions human rights european court of human rights principle of secularism/neutrality gender equality |
| title | The Ban on Veils in Educational Institutions: Jurisprudence of the European Court of Human Rights |
| title_full | The Ban on Veils in Educational Institutions: Jurisprudence of the European Court of Human Rights |
| title_fullStr | The Ban on Veils in Educational Institutions: Jurisprudence of the European Court of Human Rights |
| title_full_unstemmed | The Ban on Veils in Educational Institutions: Jurisprudence of the European Court of Human Rights |
| title_short | The Ban on Veils in Educational Institutions: Jurisprudence of the European Court of Human Rights |
| title_sort | ban on veils in educational institutions jurisprudence of the european court of human rights |
| topic | islamic headscarves education institutions human rights european court of human rights principle of secularism/neutrality gender equality |
| url | https://www.cyelp.com/index.php/cyelp/article/view/70 |
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