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This book examines the issues and tensions aroused by wearing religious dress by considering questions of language, meaning and symbolism.
Hilal Elver offers an in-depth study of the escalating controversy over the right of Muslim women to wear headscarves. Examining legal and political debates in Turkey, several European countries including France and Germany, and the United States, Elver shows the troubling exclusion of pious Muslim women from the public sphere in the name of secularism, democracy, liberalism, and women's rights. After evaluating political actions and court decisions from the national level of individual governments to the international sphere of the European Court of Human Rights, Elver concludes that judges and legislators are increasingly influenced by social pressures concerning immigration and multiculturalism, and by issues such as Islamophobia, the "war on terror," and security concerns. She shows how these influences have resulted in a failure on the part of many Western governments to recognize and protect essential individual freedoms. Employing a critical legal theory perspective to the headscarf controversy, Elver argues that law can be used to change underlying social conditions shaping the role of religion, and also the position of women in modern society. The Headscarf Controversy demonstrates how changes in law across nations can be used to restore state commitments to human rights.
This volume focuses on Muslims in Finland, Greece, Ireland and Portugal, representing the four corners of the European Union today. It highlights how Muslim experiences can be understood in relation to a country’s particular historical routes, political economies, colonial and post-colonial legacies, as well as other factors, such as church-state relations, the role of secularism(s), and urbanisation. This volume also reveals the incongruous nature of the fact that national particularities shaping European Muslim experiences cannot be understood independently of European and indeed global dynamics. This makes it even more important to consider every national context when analysing patterns in European Islam, especially those that have yet to be fully elaborated. The chapters in this volume demonstrate the contradictory dynamics of European Muslim contexts that are simultaneously distinct yet similar to the now familiar ones of Western Europe’s most populous countries.
This book analyzes the implication of secular/liberal values in Western and human rights law and its impact on Muslim women. It offers an innovative reading of the tension between the religious and secular spheres. The author does not view the two as binary opposites. Rather, she believes they are twin categories that define specific forms of lives as well as a specific notion of womanhood. This divergence from the usual dichotomy opens the doors for a reinterpretation of secularism in contemporary Europe. This method also helps readers to view the study of religion vs. secularism in a new light. It allows for a better understanding of the challenges that contemporary Europe now faces regarding the accommodation of different religious identities. For instance, one entire section of the book concerns the practice of veiling and explores the contentious headscarf debate. It features case studies from Germany, France, and the UK. In addition, the analysis combines a wide range of disciplines and employs an integrated, comparative, and inter-disciplinary approach. The author successfully brings together arguments from different fields with a comparative legal and political analysis of Western and Islamic law and politics. This innovative study appeals to students and researchers while offering an important contribution to the debate over the role of religion in contemporary secular Europe and its impact on women’s rights and gender equality.
A classic anthology of writings on the legal status and lived experiences of women of color Now in its second edition, the acclaimed anthology Critical Race Feminism presents over 40 readings on the legal status of women of color by leading authors and scholars such as Anita Hill, Lani Guinier, Kathleen Neal Cleaver, and Angela Harris. The collection gives voice to Black, Latina, Asian, Native American, and Arab women, and explores both straight and queer perspectives. Both a forceful statement and a platform for change, the anthology addresses an ambitious range of subjects, from life in the workplace and motherhood to sexual harassment, domestic violence, and other criminal justice issues. Extending beyond national borders, the volume tackles global issues such as the rights of Muslim women, immigration, multiculturalism, and global capitalism. Revealing how the historical experiences and contemporary realities of women of color are profoundly influenced by a legacy of racism and sexism that is neither linear nor logical, Critical Race Feminism serves up a panoramic perspective, illustrating how women of color can find strength in the face of oppression.
As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.
This text explains why the French government decided to ban religious clothing from public schools and why the 2004 law, which targeted Islamic headscarves, created such a fury.
State, Religion and Muslims: Between Discrimination and Protection at the Legislative, Executive and Judicial Levels brings together academics from different disciplines and offers an in-depth analysis of discrimination in specific areas of life which affects Muslims in Western countries. The volume undertakes a comprehensive examination of the discriminatory practices across 12 countries while situating them in their institutional frameworks. Exploring critical aspects of discrimination against Muslims – in areas such as education, employment, exercise of religion, state relations with religious communities as well as hate crime and hate speech – the volume shows the prevalence of individual, structural and institutional discrimination against Muslims living in Western countries. Contributors are: Amina Easat-Daas, Andrea Pin, Beesan Sarrouh, Camille Vallier, Dieter Schiendlauer, Eva Brems, Ineke van der Valk, Ksenija Šabec, Maja Pucelj, Mario Peucker, Mosa Sayed, Nesa Zimmermann, Niels Valdemar Vinding and Safa ben Saad.
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
Contents : part one : country reports; part two : analysis; part three : book reviews.