On Aims, Means, and Unintended Consequences
The Case of Molla Sali
Bibliographic Data
| ID | 3315017 |
|---|---|
| Authors | Effie Fokas (0000-0001-7798-3648, Hellenic Foundation for European and Foreign Policy, corresponding author) |
| Year | 2021 |
| Volume | 12 |
| Issue | 10 |
| Pages | 859 |
| Publication date | 2021-10-12 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Religions (JOURNAL) |
| Journal identifiers | ISSN: 2077-1444 • E-ISSN: 2077-1444 |
| Publisher | MDPI AG (PUBLISHER • IT) |
| DOI | 10.3390/rel12100859 |
| OpenAlex | W3205420724 |
| Language | EN |
| References cited | 12 |
This contribution speaks to this Special Issue's guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: 'What happens when provisions for religious minority protection lead to the violation rather than protection of members' rights?' That case is Molla Sali v. Greece (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her-involuntarily-to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR's engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of 'voluntary' opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of Molla Sali arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights
Convention · Disadvantage · Human rights · Law and economics · Minority rights · Political science · Sociology · Gender and Women's Rights · Law · Religious Freedom and Discrimination
Religious Adjudication and the European Convention on Human Rights
The Molla Sali Case
Are Religious Minorities Really Minorities?
Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights
Religious Freedom in Flux
Human Rights Issues Arising from the Implementation of Sharia Law on the Minority of Western Thrace—ECtHR Molla Sali v. Greece, Application No. 20452/14, 19 December 2018
Global Eastern Orthodoxy
The Legal Status of Islam in Greece
Is There a Right to Choose a Religious Jurisdiction over the Civil Courts? The Application of Sharia Law in the Minority in Western Thrace, Greece
| Citation velocity | historical |
|---|---|
| Highly cited | No |