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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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