On Aims, Means, and Unintended Consequences: The Case of <i>Molla Sali</i>
This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes...
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| Format: | Article |
| Language: | English |
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MDPI AG
2021-10-01
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| Series: | Religions |
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| Online Access: | https://www.mdpi.com/2077-1444/12/10/859 |
| _version_ | 1797513290131177472 |
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| author | Effie Fokas |
| author_facet | Effie Fokas |
| author_sort | Effie Fokas |
| collection | DOAJ |
| description | This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is <i>Molla Sali v. Greece</i> (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her—involuntarily—to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR’s engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of ‘voluntary’ opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of <i>Molla Sali</i> arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights. |
| first_indexed | 2024-03-10T06:14:36Z |
| format | Article |
| id | doaj.art-b6876efa29e04f92889f1884d9a3efbe |
| institution | Directory Open Access Journal |
| issn | 2077-1444 |
| language | English |
| last_indexed | 2024-03-10T06:14:36Z |
| publishDate | 2021-10-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Religions |
| spelling | doaj.art-b6876efa29e04f92889f1884d9a3efbe2023-11-22T19:52:14ZengMDPI AGReligions2077-14442021-10-01121085910.3390/rel12100859On Aims, Means, and Unintended Consequences: The Case of <i>Molla Sali</i>Effie Fokas0Hellenic Foundation for European and Foreign Policy (ELIAMEP), 10676 Athens, GreeceThis contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is <i>Molla Sali v. Greece</i> (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her—involuntarily—to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR’s engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of ‘voluntary’ opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of <i>Molla Sali</i> arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights.https://www.mdpi.com/2077-1444/12/10/859sharia lawEuropean Court of Human Rightsgender equalityMuslims of Thracereligious minorityethnic minority |
| spellingShingle | Effie Fokas On Aims, Means, and Unintended Consequences: The Case of <i>Molla Sali</i> Religions sharia law European Court of Human Rights gender equality Muslims of Thrace religious minority ethnic minority |
| title | On Aims, Means, and Unintended Consequences: The Case of <i>Molla Sali</i> |
| title_full | On Aims, Means, and Unintended Consequences: The Case of <i>Molla Sali</i> |
| title_fullStr | On Aims, Means, and Unintended Consequences: The Case of <i>Molla Sali</i> |
| title_full_unstemmed | On Aims, Means, and Unintended Consequences: The Case of <i>Molla Sali</i> |
| title_short | On Aims, Means, and Unintended Consequences: The Case of <i>Molla Sali</i> |
| title_sort | on aims means and unintended consequences the case of i molla sali i |
| topic | sharia law European Court of Human Rights gender equality Muslims of Thrace religious minority ethnic minority |
| url | https://www.mdpi.com/2077-1444/12/10/859 |
| work_keys_str_mv | AT effiefokas onaimsmeansandunintendedconsequencesthecaseofimollasalii |