Religious Symbols and State Regulation
Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court of Human Rights has approached the regulation of...
| Published in: | Religion and human rights |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill, Nijhoff
2017
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| In: |
Religion and human rights
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| Further subjects: | B
Religion
religious symbols
religious dress
secularism
discrimination
margin of appreciation
European Court of Human Rights (ECtHR)
European Convention on Human Rights (echr)
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| Online Access: |
Presumably Free Access Volltext (Verlag) |
| Summary: | Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court of Human Rights has approached the regulation of the regulation of religious symbols by national jurisdictions. It submits that the fundamental touchstone of the Court’s jurisprudence lies in its approach to secularism. It has accepted secularism as consistent with the values underpinning the Convention. This is a strategic and sensible approach. There are limits imposed by the prohibitions on discrimination and indoctrination. Beyond secularism there have been tentative steps towards a balancing / reasonable accommodation approach but the Court appreciates that the balances are difficult ones on which reasonable people, and even reasonable states, may legitimately disagree. |
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| ISSN: | 1871-0328 |
| Contains: | In: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-12231155 |