Religious Symbols and State Regulation
Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court of Human Rights has approached the regulation of...
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| Tipo de documento: | Recurso Electrónico Artigo |
| Idioma: | Inglês |
| Verificar disponibilidade: | HBZ Gateway |
| Journals Online & Print: | Carregar...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Publicado em: |
Brill, Nijhoff
2017
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| Em: |
Religion and human rights
Ano: 2017, Volume: 12, Número: 2/3, Páginas: 128-141 |
| Outras palavras-chave: | B
Religião
religious symbols
religious dress
secularism
discrimination
margin of appreciation
European Court of Human Rights (ECtHR)
European Convention on Human Rights (echr)
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| Acesso em linha: |
Presumably Free Access Volltext (Verlag) |
| Resumo: | Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court of Human Rights has approached the regulation of the regulation of religious symbols by national jurisdictions. It submits that the fundamental touchstone of the Court’s jurisprudence lies in its approach to secularism. It has accepted secularism as consistent with the values underpinning the Convention. This is a strategic and sensible approach. There are limits imposed by the prohibitions on discrimination and indoctrination. Beyond secularism there have been tentative steps towards a balancing / reasonable accommodation approach but the Court appreciates that the balances are difficult ones on which reasonable people, and even reasonable states, may legitimately disagree. |
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| ISSN: | 1871-0328 |
| Obras secundárias: | In: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-12231155 |