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Law, Cultural Studies and the "Burqa Ban" Trend: An Interdisciplinary Handbook

Edited by Anja Matwijkiw · Anna Oriolo
Intersentia Publishers July 2021

Specifications

ISBN-13
9781839700583
Publisher
Intersentia Publishers
Publication
July 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Law, Cultural Studies and the "Burqa Ban" Trend: An Interdisciplinary Handbook offers an in-depth and multi-perspective account of the "burqa ban" trend. With a focus on Europe and America, this book examines the law at national and international levels. Its interdisciplinary approach encompasses ethics, gender studies, philosophy, political science and religion to provide much needed insights into value and identity politics, diversity, discrimination and human rights, in addition to the discussions surrounding the courts' contradictory judgments.

The book also includes a first-hand account by a Muslim burqa-wearer, alongside contributions by leading academic researchers and legal professionals that provide food for thought that can benefit future discussions among scholars, students, legal professionals and policymakers. Analytical work is supplemented with, among other aspects, examinations of the frameworks that derive from dialectical thinking or ideas and theories about democracy, autonomy and male and white desire to control, conquer and dominate.

With contributions by Sarah Ali (Women in Dialogue), Erik Daniel Baldwin (Indiana University Northwest), Kerstin Bree Carlson (University of Southern Denmark), Fatiha Chakir (Il mondo a colori), Giuseppe D'Angelo (University of Salerno), Bice Della Piana (University of Salerno), Gaspare Dalia (University of Salerno), Rt Hon Lady Hale DBE (formerly Supreme Court of the United Kingdom), Shino Ibold (University of Hamburg), Nina Jakku (Lund University), Jacob Livingston Slosser (University of Copenhagen), Ryan Long (Thomas Jefferson University), Willie Mack (Veterans Assistance Commission of Cook County), Kamal Makili-Aliyev (Malmö University), Jill Marshall (University of London), Anja Matwijkiw (Indiana University Northwest), Bronik Matwijkiw (Southeast Missouri State University), Stefan Oeter (University of Hamburg), Anna Oriolo (University of Salerno), Sherene H. Razack (University of California at Los Angeles), Teresa Russo (University of Salerno) and Robin May Schott (Danish Institute for International Studies).

Table of Contents

An Introduction to the Interdisciplinary Considerations of the "Burqa Ban" Trend: Criminalizing the Trivial or Separating National and International Law?
PART I. INTERDISCIPLINARY PERSPECTIVES ON THE STRATEGY OF PROHIBITION
The “Burqa Bans” and Superficial Politics
Philosophical Analysis as a Pathway to Progress: From the Burqa to the Emperor’s New Clothes
A Taxonomy and Criticism of Rationales for Banning Face Veils
Toward “Living Together” as (A)religious Convergence: Against the Burqa Ban
PART II. LEGAL PERSPECTIVES: Religious Clothing, Law, and a Veil-Wearer’s Experiential Account
The Law and Religious Dress
Wearing Religious Clothing at the Workplace in EU Law and the Risks of a “Neutrality Policy” in Private Employment
I Am the “Veil Woman”: A Muslim Narrative
PART II. LEGAL PERSPECTIVES: Human Rights Perspectives
Burqas and Niqabs as Protected Expression: “This is My Face”
Social Conditions of Freedom, International Human Rights Law, and Women’s Dress: Identity, Belonging, and Recognition
Dressing Neutrally v. Religious Freedom in European “Headscarf Cases”: Looking for a Rationale to Legitimize the Ban on Concealing Faces in International (Human Rights) Jurisprudence
Conflicting Human Rights Perspectives on the French Burqa Ban: European Court of Human Rights v. UN Human Rights Committee
The Use of Artificial Intelligence for Public Security Among Prejudices, Secularism, and Respect for Fundamental Guarantees
PART II. LEGAL PERSPECTIVES: National Perspectives
The Italian Uncertain Approach to the Burqa: A Testing Ground for the Unifying Role of “Laicità”
Inter-American Perspectives on the Burqa (Ban)
The Perspective of Post-Soviet States on the Burqa Ban: A Study of the Delegalization of Religious Headwear in Post-Soviet States
Denmark’s Blanket Burqa Ban: A National(ist) Perspective
PART III. RESPONSES TO OTHERNESS: GENDER, RACE, AND THE VEIL FACTOR
Wearing the Hijab: Cultural Awareness, Cross-Cultural Competence, and Interactions in an Unfamiliar Cultural Context
Integration, Culture, and Gender in Swedish City Council Motions: Veils and Other Obstructions to “Swedishness”
The Racial/Spatial Politics of Banning the Muslim Woman’s Niqab: A Site/Sight We Cannot Bear
Epilogue
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