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" Legal Regulation of the Full-Face Veil in Public Spaces in Spain and Italy: "
Santiago Cañamares, Silvia Angeletti, Santiago Cañamares, et al.
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AL
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| Record Number
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1082303
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| Doc. No
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LA125932
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| Call No
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10.1163/18710328-13021141
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| Language of Document
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English
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| Main Entry
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Santiago Cañamares
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Silvia Angeletti
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| Title & Author
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Legal Regulation of the Full-Face Veil in Public Spaces in Spain and Italy: [Article] : Some Critical Reflections on the Applicability of the ECtHR Doctrine in S.A.S. v. France\ Santiago Cañamares, Silvia Angeletti, Santiago Cañamares, et al.
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| Publication Statement
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Leiden: Brill
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| Title of Periodical
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Religion Human Rights
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| Date
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2018
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| Volume/ Issue Number
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13/2
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| Page No
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117–152
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| Abstract
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This paper focuses on the use of the full-face veil in the public sphere, discussing the standpoint adopted by some local authorities in Spain and Italy and the content of different proposals that have been submitted to Parliament in both countries, aimed at restricting the use of this garment in public places. The doctrine of the ECtHR in S.A.S. v. France will be taken as a benchmark for a comparative study of this issue in both Mediterranean countries. It is assumed that from a legal approach the wearing of burqa is a very complex question that requires a detailed analysis of the different elements involved, including its social implications before giving it an enduring solution. A general ban can be detrimental for the goal of integration, and give way to new forms of discrimination. Therefore, prior to enacting any legislation that could affect fundamental rights, it should be considered what public interests are in real need of protection. This paper focuses on the use of the full-face veil in the public sphere, discussing the standpoint adopted by some local authorities in Spain and Italy and the content of different proposals that have been submitted to Parliament in both countries, aimed at restricting the use of this garment in public places. The doctrine of the ECtHR in S.A.S. v. France will be taken as a benchmark for a comparative study of this issue in both Mediterranean countries. It is assumed that from a legal approach the wearing of burqa is a very complex question that requires a detailed analysis of the different elements involved, including its social implications before giving it an enduring solution. A general ban can be detrimental for the goal of integration, and give way to new forms of discrimination. Therefore, prior to enacting any legislation that could affect fundamental rights, it should be considered what public interests are in real need of protection.
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| Descriptor
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burqa
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European Court of Human Rights
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full-face veil
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Italy
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niqab
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religious freedom
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Spain
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| Location & Call number
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10.1163/18710328-13021141
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