Religious Symbols and State Regulation

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Religious Symbols and State Regulation "
Dominic McGoldrick

Document Type	:	AL
Record Number	:	1082289
Doc. No	:	LA125918
Call No	:	‭10.1163/18710328-12231155‬
Language of Document	:	English
Main Entry	:	Dominic McGoldrick
Title & Author	:	Religious Symbols and State Regulation [Article]\ Dominic McGoldrick
Publication Statement	:	Leiden: Brill
Title of Periodical	:	Religion Human Rights
Date	:	2017
Volume/ Issue Number	:	12/2-3
Page No	:	128–141
Abstract	:	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. 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.
Descriptor	:	discrimination
Descriptor	:	European Convention on Human Rights (ECHR)
Descriptor	:	European Court of Human Rights (ECtHR)
Descriptor	:	Human Rights and Humanitarian Law
Descriptor	:	margin of appreciation
Descriptor	:	religion Society
Descriptor	:	religious dress
Descriptor	:	religious symbols
Descriptor	:	secularism
Descriptor	:	Social Sciences
Location & Call number	:	‭10.1163/18710328-12231155‬