The rise of religious, cultural and ethnic diversity in Europe has led to widespread political and social debates concerning integration, migration and freedom of religion. This phenomenon is especially visible in recent debates and subsequent legal developments regarding the ban of wearing the Islamic face-veil in public. The veil has become an object of discussion about gender equality, religion in the public sphere, immigration, integration and related issues. Laws in several countries banning the veil have been subject to heated debates. This paper aims to critically examine selected laws in the light of International Human Rights Law.
Table of content
I. Introduction (Markus Preslmayr)
II. Historical aspects (Markus Preslmayr)
III. Legal developments in Europe (Markus Preslmayr)
i. France
ii. Belgium
iii. Austria
iv. Denmark
IV. Freedom of religion – International Human Rights Law (Liam Quinn)
i. Declarations
ii. Treaty Law
iii. Resolutions
iv. Human Rights Reports
v. Conclusion
V. Discussion through the lens of feminist theory (Liam Quinn)
i. Introduction
ii. Pro-ban
iii. Anti-ban
iv. Conclusion
VI. Selected case law (Markus Preslmayr)
i. S.A.S v. FRANCE
ii. BELCACEMI and OUSSAR v. BELGIUM; DAKIR v. BELGIUM
VII. Conclusion and future prospects (Preslmayr and Quinn)
Bibliography