2018
DOI: 10.1163/22117954-12341343
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Perpetuating Anti-Muslim Discrimination through the Interpretation of Religious Equality in the European Court of Human Rights

Abstract: Faced with widespread prejudice and discrimination, European Muslims are increasingly resorting to the European Court of Human Rights as a last-ditch strategy to transform state policies toward minority faiths. While the Court has a mandate to protect religious freedom and equality, the conservative and sometimes biased way in which it has interpreted these concepts has enabled the persistence of stark asymmetries in the legal and social statuses of different religions. Using an analysis of relevant cases, thi… Show more

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Cited by 3 publications
(1 citation statement)
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“…The hijab is perceived by a number of Western governments as a ‘sign of oppression and an irreconcilable difference between Islam and the West’ (Yamashita : 33). After introduction of burqa bans, there has been a growing number of legal cases brought to European courts, in countries such as Norway, Sweden, Denmark, and the Netherlands, by Muslim women claiming they are being subjected to discrimination due to their religious practice of wearing of a hijab (Dupont ; Halrynjo and Jonker ). Regarding Western governments’ discriminatory policies and their effects on European Muslims, another study shows that fundamentalist Muslims in Germany took the 2009 Swiss minaret (the tower‐like structures adjacent to mosques) ban as a sign of ‘the West’s hostility towards Islam, in general, and their identities as fighters in an inevitable global jihad ’ (Holtz, Dahinden and Wagner : 1).…”
Section: Historical Background and Theoretical Frameworkmentioning
confidence: 99%
“…The hijab is perceived by a number of Western governments as a ‘sign of oppression and an irreconcilable difference between Islam and the West’ (Yamashita : 33). After introduction of burqa bans, there has been a growing number of legal cases brought to European courts, in countries such as Norway, Sweden, Denmark, and the Netherlands, by Muslim women claiming they are being subjected to discrimination due to their religious practice of wearing of a hijab (Dupont ; Halrynjo and Jonker ). Regarding Western governments’ discriminatory policies and their effects on European Muslims, another study shows that fundamentalist Muslims in Germany took the 2009 Swiss minaret (the tower‐like structures adjacent to mosques) ban as a sign of ‘the West’s hostility towards Islam, in general, and their identities as fighters in an inevitable global jihad ’ (Holtz, Dahinden and Wagner : 1).…”
Section: Historical Background and Theoretical Frameworkmentioning
confidence: 99%