Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual’s human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of religious symbols in educational settings. The author persuasively argues that bans on the wearing of religious symbols in educational institutions in Europe constitutes a breach of an individual's human rights and contravenes existing anti-discrimination legislation. The book offers a discussion of developments in Europe, including the French ban on Islamic head scarves which came into force in April 2011. In addition to an in depth examination of recent bans, the book also assess the arguments used for imposing them as well as the legal claims that can potentially be made to challenge their validity. In doing this, the book will go beyond merely analysing the bans in place to suggest ways in which educational institutions can most fairly respond to requests for accommodation of the wearing of religious symbols and whether perhaps the adoption of other provisions or measures are necessary in order to improve the present situation. This book will be of particular interest to students and academics in the disciplines of law, human rights, political science, sociology and education, but will also be of considerable value to policy makers and educators as well.

How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity. The book develops a new model of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future.

Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of religious symbols in educational settings. The author persuasively argues that bans on the wearing of religious symbols in educational institutions in Europe constitutes a breach of an individual’s human rights and contravenes existing anti-discrimination legislation. The book offers a discussion of developments in Europe, including the French ban on Islamic head scarves which came into force in April 2011. In addition to an in depth examination of recent bans, the book also assess the arguments used for imposing them as well as the legal claims that can potentially be made to challenge their validity. In doing this, the book will go beyond merely analysing the bans in place to suggest ways in which educational institutions can most fairly respond to requests for accommodation of the wearing of religious symbols and whether perhaps the adoption of other provisions or measures are necessary in order to improve the present situation. This book will be of particular interest to students and academics in the disciplines of law, human rights, political science, sociology and education, but will also be of considerable value to policy makers and educators as well.

Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.

In 2004, the French government instituted a ban on the wearing of "conspicuous signs" of religious affiliation in public schools. Though the ban applies to everyone, it is aimed at Muslim girls wearing headscarves. Proponents of the law insist it upholds France's values of secular liberalism and regard the headscarf as symbolic of Islam's resistance to modernity. The Politics of the Veil is an explosive refutation of this view, one that bears important implications for us all. Joan Wallach Scott, the renowned pioneer of gender studies, argues that the law is symptomatic of France's failure to integrate its former colonial subjects as full citizens. She examines the long history of racism behind the law as well as the ideological barriers thrown up against Muslim assimilation. She emphasizes the conflicting approaches to sexuality that lie at the heart of the debate--how French supporters of the ban view sexual openness as the standard for normalcy, emancipation, and individuality, and the sexual modesty implicit in the headscarf as proof that Muslims can never become fully French. Scott maintains that the law, far from reconciling religious and ethnic differences, only exacerbates them. She shows how the insistence on homogeneity is no longer feasible for France--or the West in general--and how it creates the very "clash of civilizations" said to be at the root of these tensions. The Politics of the Veil calls for a new vision of community where common ground is found amid our differences, and where the embracing of diversity--not its suppression--is recognized as the best path to social harmony.

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.