How to Strengthen Protection of (Religious) Minorities and Cultural Diversity under EU Law
Some Lessons from Human Rights Protection System
Bibliographic Data
| ID | 3484751 |
|---|---|
| Authors | Marcella Ferri (0000-0003-3785-1215, University of Florence, corresponding author) |
| Year | 2021 |
| Volume | 12 |
| Issue | 10 |
| Pages | 864 |
| Publication date | 2021-10-13 |
| 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/rel12100864 |
| OpenAlex | W3206743965 |
| Language | EN |
| Citations received | 3 |
| References cited | 19 |
The paper is split into two parts. The first part starts with the analysis of Views adopted by the UN Human Rights Committee on Yaker and Hebbadi v. France cases concerning the French Act prohibiting the concealment of the face in public. These Views are then compared with the judgment S.A.S. v. France delivered by the European Court of Human Rights on a similar case. This comparison shows that the principle of non-discrimination and, in this vein, intersectional discrimination play a critical role in assuring the effective protection of Muslim women wearing religious clothing. Analysis of S.A.S. is completed by highlighting the most relevant weaknesses of religious minority protection in the case-law of the European Court of Human Rights. Some references are also made to freedom of religious clothing in the workplace, underling the critical role that can be played in this regard by the duty of reasonable accommodation. The second part identifies the most significant shortcomings characterizing the protection of religious minorities under European Union law. In conclusion, this paper tries to highlight which lessons can be learnt from the human rights system-examined in the first part-in order to strengthen minority protection in the EU
Business · Clothing · Duty · European union · Fundamental rights · Human rights · International human rights law · Political science · Reasonable accommodation · Sociology · Gender and Women's Rights · Law · Multiculturalism, Politics, Migration, Gender · Religious Freedom and Discrimination
Singing from the Same Hymn Sheet? What the Differences between the Strasbourg and Luxembourg Courts Tell Us about Religious Freedom, Non-Discrimination, and the Secular State
On uses, mis-uses and non-uses of intersectionality before the Court of Justice (EU)
Militant or pluralist secularism? The European Court of Human Rights facing religious diversity
The freedom to wear religious clothing in the case law of the European Court of Human Rights
The european court of human rights and minority rights
A Defence of the Margin of Appreciation and an Argument for Its Application by the Human Rights Committee
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,6 |
| Citation span | 2021 - 2025 (5) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |