Orientalism in the European Court of Human Rights

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Orientalism in the European Court of Human Rights "
Charlotte Helen Skeet

Document Type	:	AL
Record Number	:	1082310
Doc. No	:	LA125939
Call No	:	‭10.1163/18710328-13021145‬
Language of Document	:	English
Main Entry	:	Charlotte Helen Skeet
Title & Author	:	Orientalism in the European Court of Human Rights [Article]\ Charlotte Helen Skeet
Publication Statement	:	Leiden: Brill
Title of Periodical	:	Religion Human Rights
Date	:	2019
Volume/ Issue Number	:	14/1
Page No	:	31–63
Abstract	:	This article provides an anti-Orientalist critique of jurisprudence within the European Court of Human Rights. Discussion is located in the context of the longstanding debate over what it is to be “European” and an awareness of how these wider discourses shape rights adjudication at national and intra-national levels in Europe. Argument draws on literature from post-colonial theorists, cultural studies, and feminist legal theory which identify and discuss “Orientalist” discourses to analyse the production of legal knowledge and jurisprudence from the European Court of Human Rights. The article argues that Orientalist discourses affect the ways that the Court constructs and positions both the claimant and the respondent state in human rights claims. These constructions influence cases involving Muslim claimants and have a particularly negative impact on the outcome of claims by visibly-Muslim women. The final part of the article suggests ways that these negative discourses and constructions can be countered. This article provides an anti-Orientalist critique of jurisprudence within the European Court of Human Rights. Discussion is located in the context of the longstanding debate over what it is to be “European” and an awareness of how these wider discourses shape rights adjudication at national and intra-national levels in Europe. Argument draws on literature from post-colonial theorists, cultural studies, and feminist legal theory which identify and discuss “Orientalist” discourses to analyse the production of legal knowledge and jurisprudence from the European Court of Human Rights. The article argues that Orientalist discourses affect the ways that the Court constructs and positions both the claimant and the respondent state in human rights claims. These constructions influence cases involving Muslim claimants and have a particularly negative impact on the outcome of claims by visibly-Muslim women. The final part of the article suggests ways that these negative discourses and constructions can be countered.
Descriptor	:	European Court of Human Rights
Descriptor	:	feminist legal theory
Descriptor	:	gender
Descriptor	:	intersectionality
Descriptor	:	Orientalism
Descriptor	:	postcolonial legal theory
Descriptor	:	right to freedom of religion or belief
Location & Call number	:	‭10.1163/18710328-13021145‬