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9789050956420

Religious Pluralism and Human Rights in Europe Where to Draw the Line?

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  • ISBN13:

    9789050956420

  • ISBN10:

    9050956424

  • Format: Paperback
  • Copyright: 2007-03-26
  • Publisher: Intersentia

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Summary

'How should we deal with religious pluralism in contemporary Europe from a human rights perspective and where should we draw the line, if any?' This was the central question of an expert seminar held in 2006 at Utrecht University to celebrate the inaugural address of Abdullahi An-Na'im, who occupied the G.J. Wiarda Chair at the Netherlands Institute of Human Rights (SIM) in 2005/2006. His address, as well as the contributions to the seminar, is published in this volume.

Author Biography

Jenny Goldschmidt is now emeritus professor in human rights at Utrecht University. She has been working in the field of (comparative) constitutional and administrative law at Leyden University (where she got her PhD in 1981: “National and Indigenous Constitutional law in Ghana”). She specialised in human rights and in particular gender and law. She held Chairs in gender and law at both Utrecht and Leyden University and served in many committees and boards in this field, both in the Netherlands and in the EU and UN. In 1994 she became President of the Equal treatment Commission in the Netherlands, where she served the maximum of two terms, until 2003. In 2004 she became professor in Human rights Law and later Director of the Netherlands Institute of Human Rights (SIM) at Utrecht University until her retirement in 2014. She is member of the International Commission of Jurists (Geneva) and of several Boards of organisations working in the field of human rights, disability rights etcetera. She published many articles and books. 

Table of Contents

Introductionp. 1
Introductionp. 1
Citizenship: European Muslimsp. 1
Religious pluralism and the European Convention of Human Rightsp. 3
(Non)selectivity in the treatment of different religionsp. 4
Accommodation of religion and its limitsp. 5
Religion versus culturep. 8
Religion and freedom of expressionp. 10
Global Citizenship and Human Rights: From Muslims in Europe to European Muslimsp. 13
Introductionp. 13
Islam, Muslims and human rightsp. 19
Rights and citizenshipp. 25
The evolution of citizenshipp. 29
Global citizenship from a historical perspectivep. 33
Global citizenship in current discoursep. 37
Demographic profiles and public perceptions of Muslims in Europep. 41
Muslims in Europe or European Muslims?p. 50
Concluding remarksp. 53
Religious Pluralism, Human Rights and Muslim Citizenship in Europe: Some Preliminary Reflections on an Evolving Methodology for Consensusp. 57
Statement of the problemp. 57
Pre-requisites for engagement: some critical preliminaries for meaningful dialoguep. 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 Europep. 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 sitesp. 69
'Islamic Institutions' and 'Islamic Authority': A critical analysisp. 72
Muslim Shariah councils, friend or foe: Emerging plural legalities in Europep. 73
From Muslim migrant to Muslim citizen: Some tentative reflections on the contours of a framework for consensusp. 76
Freedom of Religion and Legal Pluralismp. 81
Introductionp. 81
Discourses of Refah Partisip. 82
Militant democracy and state exclusivismp. 82
Legal pluralism and religious normative ordersp. 84
Religious freedom and Hegel's theory of statep. 88
Legal plurality frameworkp. 91
Conclusionp. 93
The Practical Priority of the Secular Legal Order. A Response to Javid Gadirovp. 97
Introductionp. 97
The State as the guarantor of freedomp. 98
Political versus doctrinal secularismp. 99
Concluding remarksp. 101
Equal Treatment of Religions? An international and comparative perspectivep. 103
Introduction: Choosing the starting pointp. 103
Church and State relationshipsp. 105
National models of Church and State relationshipsp. 105
The international legal dimensionp. 107
The subconstitutional levelp. 110
Religion and the structures of lawp. 110
State neutrality towards religionp. 111
A few examples of tailor-made provisionsp. 113
Fundamental rights theoryp. 114
And limitations?p. 115
Conclusionp. 117
Religious Pluralism and Human Rights in Europe. Equality in the regulation of religionp. 119
Equality is not (simply) a good principle lacking adequate implementationp. 119
Avoiding stereotypesp. 120
Different legal treatment for different religionsp. 121
Differentiation can be consistent with equalityp. 122
Differentiation can also be discriminatoryp. 123
The principle of equality needs an accurate assessment of realityp. 124
Seizing the global turn affecting equality in law and religionp. 124
Interpreting equality by coping with new actorsp. 126
Interpreting equality through new toolsp. 126
The challenging balance between equal treatment and same treatmentp. 127
Headscarves in Schools: European Comparisonsp. 129
Introduction: 'Hijab vs. Gender Equality'p. 129
Accommodation of religious pluralismp. 131
Multicultural vulnerabilitiesp. 134
Religious attire in the public classroom: European variationsp. 137
Hijab in the workplace: Headscarf bans as illegal gender discriminationp. 139
A new demarcation line: The headscarf versus the face veilp. 141
Soft drawings of the line - A viable policy solutionp. 143
Dealing with Different Religious convictions and Practicesp. 147
Introductionp. 147
Freedom to believe and to manifest one's beliefp. 148
Interpreting the freedom to believe and to manifest one's beliefp. 150
Preliminary questionsp. 150
Weighing (potentially) conflicting rights, freedoms and interestsp. 150
Conclusionsp. 154
Headscarves at Public Schools. The issue of open neutrality reconsideredp. 155
Introductionp. 155
Only a piece of cloth?p. 156
Introduction of headscarves at Dutch schoolsp. 159
Where should the line be drawn?p. 163
Conclusionp. 165
Two Cities in Conflictp. 167
Imaginep. 167
Religious freedom: background and justificationp. 170
The scope of religious freedomp. 172
The nature of the practicesp. 172
The content of the beliefp. 174
Violation of human rights normsp. 175
Three observationsp. 177
Horizontal effect of human rightsp. 177
Human rights as instruments of emancipationp. 179
Secularised human rightsp. 179
Concluding remarksp. 182
A 'Clash of Civilisations' and a 'Conflict of Cities'p. 185
The inevitability of a conflictp. 185
Western state ideologies as representing a secular outlook - Fallacy of the argumentp. 186
Addressing the central questionp. 189
The Accommodation of 'Uncontroversial' Religious Practicesp. 195
Introductionp. 195
Accommodating 'uncontroversial' religious practicesp. 196
The accommodation of religious practices in the workplacep. 197
The accommodation of core religious practices beyond the workplacep. 200
The limits of religious accommodation in a liberal democracyp. 202
Factors relevant to the accommodation of religious practicesp. 205
The accommodation of religious practices in 'public' lifep. 205
The 'necessity' of religious practicesp. 206
The 'choice' principlep. 208
Conclusionp. 209
Equals in Faith - Faith in Equality. Equality as an additional standard for decisions on the accommodation of religious practicesp. 211
Introductionp. 211
Equals in faithp. 212
Faith in equalityp. 216
Cultural Rights and Religious Rightsp. 219
Introduction: Mapping the landscapep. 219
Cultural rights: An underdeveloped and neglected kind of human rights?p. 221
'Cultural rights' as a conservation project protecting traditional valuesp. 225
Conclusion on the status of cultural rightsp. 226
Religious rights as a specific kind of rightsp. 227
Male supremacyp. 229
Religious hostility against homosexualsp. 230
ECHR Article 9 on public religious manifestationsp. 231
Religious clothing and ethnic discriminationp. 232
Praying in publicp. 233
Concluding remarks on religious protectionp. 234
Rethinking religion as a protected legal principle within the notion of cultural rightsp. 234
Protection or Proscription? Cultural practices against the background of religious pluralismp. 239
A field of intricate issuesp. 239
Human dignity protection in contextp. 242
Protection of cultural freedoms and entitlements through cultural rightsp. 245
Proscription of cultural rules and practices that violate human dignityp. 248
Religiously-Motivated Discriminatory Speech: 'Homophobia' and Equality Denialp. 251
Introductionp. 251
Laws prohibiting homophobic expressionp. 254
The status of religiously-motivated speechp. 257
Reconciling the conflictsp. 262
Conclusionp. 265
Freedom of Expression and Religiously-Based Ideas on Homosexuality: European and Dutch Standardsp. 267
Introduction: The Netherlands and freedom of expression anno 2006p. 267
The broader perspective: Severe incidents related to freedom of expression and diminishing tolerance for religious opinionsp. 269
Dutch legislation on discriminatory speech and the ECHR perspectivep. 271
Dutch case law on religiously motivated remarks regarding homosexualityp. 273
Some questions and points of discussion regarding the Dutch case lawp. 276
Glorifying Terrorismp. 279
Introductionp. 279
Glorifying terrorism or legitimate public debatep. 281
Glorification in the context of the mass mediap. 283
Glorification in the context of Islamp. 286
The case of The Netherlandsp. 288
The double message of the Dutch proposal to criminalise glorifying terrorismp. 291
Conclusionp. 293
Towards the Abolition of Hate Speech Bans: A 'Viewpoint Absolutist' Perspectivep. 295
Introductionp. 295
The western European contextp. 296
Viewpoint absolutismp. 299
Common objectionsp. 306
Religious Pluralism and Human Rights in Europe: Reflections for Future Researchp. 311
Introductionp. 311
Position of the state in a religiously pluralist societyp. 314
Separation of Church and Sate: Different modelsp. 314
Neutrality of the State challengedp. 315
Accommodation of religious pluralism: Legal obligations & policy considerationsp. 317
Legal obligationsp. 317
Policy considerationsp. 319
Religious pluralism and conflicts between fundamental rights and principlesp. 321
Freedom of expression versus discriminationp. 322
Headscarves in public educationp. 323
How to approach conflicting human rights?p. 325
Religion, culture and change: Reflections for the futurep. 326
Contributorsp. 331
Table of Contents provided by Ingram. All Rights Reserved.

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