Name: Religious Pluralism and Human Rights in Europe Where to Draw the Line?
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ISBN: 9789050956420

Introduction	p. 1
Introduction	p. 1
Citizenship: European Muslims	p. 1
Religious pluralism and the European Convention of Human Rights	p. 3
(Non)selectivity in the treatment of different religions	p. 4
Accommodation of religion and its limits	p. 5
Religion versus culture	p. 8
Religion and freedom of expression	p. 10
Global Citizenship and Human Rights: From Muslims in Europe to European Muslims	p. 13
Introduction	p. 13
Islam, Muslims and human rights	p. 19
Rights and citizenship	p. 25
The evolution of citizenship	p. 29
Global citizenship from a historical perspective	p. 33
Global citizenship in current discourse	p. 37
Demographic profiles and public perceptions of Muslims in Europe	p. 41
Muslims in Europe or European Muslims?	p. 50
Concluding remarks	p. 53
Religious Pluralism, Human Rights and Muslim Citizenship in Europe: Some Preliminary Reflections on an Evolving Methodology for Consensus	p. 57
Statement of the problem	p. 57
Pre-requisites for engagement: some critical preliminaries for meaningful dialogue	p. 59
From Makkah to Ethiopia, Medina and beyond? - Application of the concept of hijra in the Islamic legal tradition to voluntary migration of Muslims to Europe	p. 61
Classification of Europe as dar-al-harb, dar-al-Islam or dar-al-sulh. What does it mean for European Muslims?	p. 65
From divine Sharia to qanun via siyasa Sharia: Creating space for secularity?	p. 69
Constructing contemporary dar-al-sulh in Europe: Some possible discursive sites	p. 69
'Islamic Institutions' and 'Islamic Authority': A critical analysis	p. 72
Muslim Shariah councils, friend or foe: Emerging plural legalities in Europe	p. 73
From Muslim migrant to Muslim citizen: Some tentative reflections on the contours of a framework for consensus	p. 76
Freedom of Religion and Legal Pluralism	p. 81
Introduction	p. 81
Discourses of Refah Partisi	p. 82
Militant democracy and state exclusivism	p. 82
Legal pluralism and religious normative orders	p. 84
Religious freedom and Hegel's theory of state	p. 88
Legal plurality framework	p. 91
Conclusion	p. 93
The Practical Priority of the Secular Legal Order. A Response to Javid Gadirov	p. 97
Introduction	p. 97
The State as the guarantor of freedom	p. 98
Political versus doctrinal secularism	p. 99
Concluding remarks	p. 101
Equal Treatment of Religions? An international and comparative perspective	p. 103
Introduction: Choosing the starting point	p. 103
Church and State relationships	p. 105
National models of Church and State relationships	p. 105
The international legal dimension	p. 107
The subconstitutional level	p. 110
Religion and the structures of law	p. 110
State neutrality towards religion	p. 111
A few examples of tailor-made provisions	p. 113
Fundamental rights theory	p. 114
And limitations?	p. 115
Conclusion	p. 117
Religious Pluralism and Human Rights in Europe. Equality in the regulation of religion	p. 119
Equality is not (simply) a good principle lacking adequate implementation	p. 119
Avoiding stereotypes	p. 120
Different legal treatment for different religions	p. 121
Differentiation can be consistent with equality	p. 122
Differentiation can also be discriminatory	p. 123
The principle of equality needs an accurate assessment of reality	p. 124
Seizing the global turn affecting equality in law and religion	p. 124
Interpreting equality by coping with new actors	p. 126
Interpreting equality through new tools	p. 126
The challenging balance between equal treatment and same treatment	p. 127
Headscarves in Schools: European Comparisons	p. 129
Introduction: 'Hijab vs. Gender Equality'	p. 129
Accommodation of religious pluralism	p. 131
Multicultural vulnerabilities	p. 134
Religious attire in the public classroom: European variations	p. 137
Hijab in the workplace: Headscarf bans as illegal gender discrimination	p. 139
A new demarcation line: The headscarf versus the face veil	p. 141
Soft drawings of the line - A viable policy solution	p. 143
Dealing with Different Religious convictions and Practices	p. 147
Introduction	p. 147
Freedom to believe and to manifest one's belief	p. 148
Interpreting the freedom to believe and to manifest one's belief	p. 150
Preliminary questions	p. 150
Weighing (potentially) conflicting rights, freedoms and interests	p. 150
Conclusions	p. 154
Headscarves at Public Schools. The issue of open neutrality reconsidered	p. 155
Introduction	p. 155
Only a piece of cloth?	p. 156
Introduction of headscarves at Dutch schools	p. 159
Where should the line be drawn?	p. 163
Conclusion	p. 165
Two Cities in Conflict	p. 167
Imagine	p. 167
Religious freedom: background and justification	p. 170
The scope of religious freedom	p. 172
The nature of the practices	p. 172
The content of the belief	p. 174
Violation of human rights norms	p. 175
Three observations	p. 177
Horizontal effect of human rights	p. 177
Human rights as instruments of emancipation	p. 179
Secularised human rights	p. 179
Concluding remarks	p. 182
A 'Clash of Civilisations' and a 'Conflict of Cities'	p. 185
The inevitability of a conflict	p. 185
Western state ideologies as representing a secular outlook - Fallacy of the argument	p. 186
Addressing the central question	p. 189
The Accommodation of 'Uncontroversial' Religious Practices	p. 195
Introduction	p. 195
Accommodating 'uncontroversial' religious practices	p. 196
The accommodation of religious practices in the workplace	p. 197
The accommodation of core religious practices beyond the workplace	p. 200
The limits of religious accommodation in a liberal democracy	p. 202
Factors relevant to the accommodation of religious practices	p. 205
The accommodation of religious practices in 'public' life	p. 205
The 'necessity' of religious practices	p. 206
The 'choice' principle	p. 208
Conclusion	p. 209
Equals in Faith - Faith in Equality. Equality as an additional standard for decisions on the accommodation of religious practices	p. 211
Introduction	p. 211
Equals in faith	p. 212
Faith in equality	p. 216
Cultural Rights and Religious Rights	p. 219
Introduction: Mapping the landscape	p. 219
Cultural rights: An underdeveloped and neglected kind of human rights?	p. 221
'Cultural rights' as a conservation project protecting traditional values	p. 225
Conclusion on the status of cultural rights	p. 226
Religious rights as a specific kind of rights	p. 227
Male supremacy	p. 229
Religious hostility against homosexuals	p. 230
ECHR Article 9 on public religious manifestations	p. 231
Religious clothing and ethnic discrimination	p. 232
Praying in public	p. 233
Concluding remarks on religious protection	p. 234
Rethinking religion as a protected legal principle within the notion of cultural rights	p. 234
Protection or Proscription? Cultural practices against the background of religious pluralism	p. 239
A field of intricate issues	p. 239
Human dignity protection in context	p. 242
Protection of cultural freedoms and entitlements through cultural rights	p. 245
Proscription of cultural rules and practices that violate human dignity	p. 248
Religiously-Motivated Discriminatory Speech: 'Homophobia' and Equality Denial	p. 251
Introduction	p. 251
Laws prohibiting homophobic expression	p. 254
The status of religiously-motivated speech	p. 257
Reconciling the conflicts	p. 262
Conclusion	p. 265
Freedom of Expression and Religiously-Based Ideas on Homosexuality: European and Dutch Standards	p. 267
Introduction: The Netherlands and freedom of expression anno 2006	p. 267
The broader perspective: Severe incidents related to freedom of expression and diminishing tolerance for religious opinions	p. 269
Dutch legislation on discriminatory speech and the ECHR perspective	p. 271
Dutch case law on religiously motivated remarks regarding homosexuality	p. 273
Some questions and points of discussion regarding the Dutch case law	p. 276
Glorifying Terrorism	p. 279
Introduction	p. 279
Glorifying terrorism or legitimate public debate	p. 281
Glorification in the context of the mass media	p. 283
Glorification in the context of Islam	p. 286
The case of The Netherlands	p. 288
The double message of the Dutch proposal to criminalise glorifying terrorism	p. 291
Conclusion	p. 293
Towards the Abolition of Hate Speech Bans: A 'Viewpoint Absolutist' Perspective	p. 295
Introduction	p. 295
The western European context	p. 296
Viewpoint absolutism	p. 299
Common objections	p. 306
Religious Pluralism and Human Rights in Europe: Reflections for Future Research	p. 311
Introduction	p. 311
Position of the state in a religiously pluralist society	p. 314
Separation of Church and Sate: Different models	p. 314
Neutrality of the State challenged	p. 315
Accommodation of religious pluralism: Legal obligations & policy considerations	p. 317
Legal obligations	p. 317
Policy considerations	p. 319
Religious pluralism and conflicts between fundamental rights and principles	p. 321
Freedom of expression versus discrimination	p. 322
Headscarves in public education	p. 323
How to approach conflicting human rights?	p. 325
Religion, culture and change: Reflections for the future	p. 326
Contributors	p. 331
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Religious Pluralism and Human Rights in Europe Where to Draw the Line?

9789050956420

9050956424

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