When Religion Speaks: A Discriminatory Challenge to Face Covering Laws in Europe

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningfagfællebedømt

This article argues that although the challenges brought against banning face coverings in public spaces have so far been ineffective before the ECtHR, the particular situation obtaining in Denmark, the evolving case law regarding ECHR's Article 14 freedom from discrimination, and a re-examination of the distinction between protection of religious manifestation under Article 9 and expression under Article 10 could suggest a different outcome in future. This is because the ECtHR's jurisprudence regarding face covering bans does not consider the context of those bans or the possibility of non-religious claims. Specifically, this article examines two important contextual distinctions that suggest that challenges to face covering bans in countries other than France might find a different outcome: (1) the historical context of the political and constitutional debates (or lack thereof) surrounding the ban in specific countries and contemporaneous legislation and policy regarding Muslims and minorities and (2) the missing legal context that the Court could, and we argue should, use to inform the claims of veil wearers, namely, vulnerability and indirect discrimination stemming from Article 14 jurisprudence and the separate expression rights under Article 10.
OriginalsprogEngelsk
TidsskriftNordic Journal on Human Rights
Vol/bind39
Udgave nummer4
Sider (fra-til)420-439
Antal sider20
ISSN1891-8131
DOI
StatusUdgivet - 2022

ID: 260408020