Islamic Law

Human Rights and Religion The Islamic Headscarf Debate in Europe

By Dominic McGoldrick
Hart Publishing October 2006

Specifications

ISBN-13
9781841136523
Publisher
Hart Publishing
Publication
October 2006
Format
Paperback , 340 pages
Jurisdiction
European Union ? Countri(es) for reference only

Details

The debate on multiculturalism and human rights in Europe was reignited in 2004 by the Islamic headscarf ban in France. The legal and political tensions thrown up by this debate are now being witnessed in many European states. The place of religion in schools in general, and wearing of religious dress in State schools in particular, has become an issue across Europe. Supporters of the right to wear the Islamic headscarf argue that the ban and similar prohibitions infringe a number of human rights. This book examines the issues by considering questions of language, meaning and symbolism. In doing so it identifies the debates behind the debates. Detailed consideration is given to the headscarf debate in France. Comparative practice in a number of European states - Germany, Switzerland, Spain, Italy, Belgium, the Netherlands, the United Kingdom and Turkey - is examined. Brief consideration is also given to a number of non-European states. The book also outlines the role and function of an international human rights law approach to the Islamic headscarf. It concludes with some wider reflections on the broader political and cultural struggles that lie behind the Islamic headscarf debate. This wider frame of analysis reveals the deeper significance of the Islamic headscarf bans.

Table of Contents

Contents:
1 Human rights and religion : the challenge of the Islamic headscarf-Hijab
2 The Islamic headscarf debate in France
3 Comparative state practice : Germany
4 Comparative state practice : Switzerland
5 Comparative state practice : Turkey
6 Comparative state practice : United Kingdom
7 Comparative state practice : Spain, Italy, Belgium, the Netherlands, and other European states
8 Comparative state practice : non-European states
9 Applying international human rights standards to the headscarf-Hijab ; 10 Wider perspectives on the headscarf-Hijab

About the Author

Dominic McGoldrick is Professor of Public International Law and Director of the International and European Law Unit, Liverpool Law School, University of Liverpool.

Reviews

The study us well written, superbly researched, timely, hugely informative, accessible and interesting.
Urfan Khaliq
International Journal on Minority and Group Rights
Volume 15, 2008



…an interesting and timely text…an excellent reference point for anyone interested in the issue, as it draws on an impressive variety of sources…the book's encyclopaedic breadth is remarkable and will be of much appeal to legal academics and practitioners alike.
Anastasia Vakulenko
Scolag Legal Journal, Issue 350
Dec 06



Dominic McGoldrick, while justifiably devoting substantial space to France, which has experienced the greatest problems, breaks new ground not only by providing an eminently useful European survey of the subject but also encompassing aspiring European Union member Turkey and several non-European states besides…the book is packed with interesting material clearly presented for the lay reader. The author brings to bear a degree of linguistic and legal precision often lacking from the participants' arguments.
Malcolm Crook
Times Higher Education Supplement
March 2007



This book offers a luminous and sober analysis, based on applicable principles of international human rights law.
The Commonwealth Lawyer
Vol. 16, No. 2, August 2007


Pulling together so much information from so many different jurisdictions was no doubt a huge task and one for which McGoldrick is to be commended…McGoldrick demonstrates that this is a fascinating subject for a perfectly rational religious, political and legal debate.
Jago Russell
European Human Rights Law Review
2007, 5

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