Muslim World Journal of Human Rights
Editor-in-Chief: Kayaoglu, Turan
Ed. by Baderin, Mashood A. / Monshipouri, Mahmood / Welchman, Lynn
1 Issue per year
CiteScore 2016: 0.57
SCImago Journal Rank (SJR) 2016: 0.132
Source Normalized Impact per Paper (SNIP) 2016: 0.591
The Judicial Protection of Religious Symbols in Europe's Public Educational Institutions: Thank God for Canada and South Africa
How should judges deal with the manifestation of religious symbols in public educational institutions? In light of the important role of human rights in our legal and political system, courts should grant maximum protection under the freedom of religion or belief. The central thesis of this article is that the European Court of Human Rights fails to live up to this standard. In order to reach this conclusion, the article analyzes relevant case law of the European Court and compares its case law with that of the high courts of Canada and South Africa. In addition, the article assesses the case law of all three courts from the angle of interpretation theory and particularly Cass R. Sunsteins theory of judicial minimalism. Adoption of a more consistently minimalist methodology by the European Court might lead to a greater protection granted to individuals and groups. However, a wide and deep ruling is first required to overturn the current line of reasoning. The European Court can draw inspiration from Canada and South Africa for such a judgment.
Keywords: religious symbols; public educational institutions; European Court of Human Rights; comparison with high courts of Canada and South Africa; interpretation theory; judicial minimalism; secularity; secularism
Here you can find all Crossref-listed publications in which this article is cited. If you would like to receive automatic email messages as soon as this article is cited in other publications, simply activate the “Citation Alert” on the top of this page.