Head-Covering Bans in Belgian Courtrooms and Beyond: Headscarf Persecution and the Complicity of Supranational Courts

Brems, Eva; Heri, Corina; Chaib, Saïla Ouald; Verdonck, Lieselot

doi:10.1353/hrq.2017.0053

Cited by 6 publications

(1 citation statement)

References 2 publications

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“…In recent years, the headscarf has increasingly been regulated in various sections of Belgian society including public education as well as the public and private labour market (van den Brandt, 2015, p. 494). This evolution has been legitimized by the jurisprudence of several (supra)national courts (Brems et al, 2017).…”

Section: Participants’ Reportsmentioning

confidence: 99%

Procedural justice perceptions in the mediation of discrimination reports by a national equality body

Graaf

2020

International Journal of Discrimination and the Law

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National equality bodies (NEBs) must provide independent assistance to victims of discrimination in complaints about discrimination. As the EU Directive 2000/43/EC only introduced a minimum programme, there is great variety in design at the national level. In this article, the focus lies on the out-of-court approach of the Belgian NEB (Unia) which is founded on dialogue with the involved parties. Based on semi-directive interviews with 18 persons who reported discrimination and hate speech, the factors that contribute to their satisfaction with the assistance procedure of the NEB are explored. This satisfaction is approached from a socio-psychological perspective based on the relational model of procedural justice which implies that people care about a fair procedure because of the message it conveys to them about their relationship with the entity enacting the procedure. As established in prior research on informal dispute resolution, it was found that the quality of their interaction with the staff members at the NEB played a great role in the assessment of the procedure.

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Section: Participants’ Reportsmentioning

confidence: 99%

Procedural justice perceptions in the mediation of discrimination reports by a national equality body

Graaf

2020

International Journal of Discrimination and the Law

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Mediation as a 21st century conflict resolution mechanism: Exploring procedural fairness experiences of mediation users in Ghanaian courts

Benson,

Asaah‐Junior

2024

Conflict Resolution Qtrly

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Mediation has become a contemporary conflict resolution mechanism in the 21st century that offers an alternative to traditional legal processes. This qualitative study explores the experiences of mediation users in three courts in the Central Region of Ghana, with a focus on procedural fairness. Grounded in the theory of procedural fairness, the study examines how Ghanaian and African conceptions of fairness influence mediation practice. The study found that the Ghanaian and African understanding of procedural fairness is rooted in specific situations—taking into account parties' demands in generating settlement agreements, allowing parties to select their mediators, involving important personalities in mediation, ensuring the fair settlement of cases, and deciding who should speak first. Participants evaluated procedural fairness within the context of confidentiality, neutrality, party empowerment, and the assurance of being heard. These evaluations align with what has been reported in Western literature. This research contributes to the growing body of literature on conflict resolution by providing insights into the significance of procedural fairness within mediation practice, with specific reference to Ghana. The findings underscore the importance of aligning mediation processes with principles of procedural fairness, offering valuable lessons for practitioners, policymakers, and researchers who seek to optimize the efficacy and fairness of mediation as a conflict resolution mechanism.

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Citizenship, Identity, and Veiling: Interrogating the Limits of Article 8 of the European Convention on Human Rights in Cases Involving the Religious Dress of Muslim Women

Costello

Ahmed

2023

J. law relig.

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In 2021, the debate about the spaces in which Europe’s Muslim citizens should be permitted to wear religious veils was reanimated by the introduction of new prohibitions introduced in Switzerland and France, and the decision of the Court of Justice of the European Union in joined cases C-804/18 and C-341/19. This article examines the jurisprudence of the European Court of Human Rights concerning veiling. We argue that veil bans reduce the ability of Muslim women to actualize themselves as citizens by limiting their capacity to develop their identity through autonomous action. As such, we argue, the right ultimately at stake—which should protect rights in respect of veiling—is the right to a private life under Article 8 of the European Convention on Human Rights, and judicial and popular conceptions of veiling should be reoriented to accommodate this view. Doing so, we argue, highlights the full range of functions that veiling implicates—including religious but also secular identarian concerns and exposes how a usually expansive right has been curtailed in cases involving veiling.

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Head-Covering Bans in Belgian Courtrooms and Beyond: Headscarf Persecution and the Complicity of Supranational Courts

Cited by 6 publications

References 2 publications

Procedural justice perceptions in the mediation of discrimination reports by a national equality body

Procedural justice perceptions in the mediation of discrimination reports by a national equality body

Mediation as a 21st century conflict resolution mechanism: Exploring procedural fairness experiences of mediation users in Ghanaian courts

Citizenship, Identity, and Veiling: Interrogating the Limits of Article 8 of the European Convention on Human Rights in Cases Involving the Religious Dress of Muslim Women

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