عنوان

Doing Minority Justice Through Procedural Fairness:

Number

LA116183

.Language of Text, Soundtrack etc

انگلیسی

Title Proper

Doing Minority Justice Through Procedural Fairness:

General Material Designation

[Article]

Other Title Information

Face Veil Bans in Europe

First Statement of Responsibility

Saïla Ouald Chaib, Eva Brems, Saïla Ouald Chaib, et al.

Place of Publication, Distribution, etc.

Leiden

Name of Publisher, Distributor, etc.

Brill

Text of Note

The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban's possible human rights impact. After exploring what the social psychology notion of procedural fairness entails for the judiciary and the legislator, especially in a multicultural context, this article details procedural fairness shortcomings with respect to the face veil ban in France and Belgium. Subsequently, the article sets out how the European Court of Human Rights might compensate for these shortcomings. The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban's possible human rights impact. After exploring what the social psychology notion of procedural fairness entails for the judiciary and the legislator, especially in a multicultural context, this article details procedural fairness shortcomings with respect to the face veil ban in France and Belgium. Subsequently, the article sets out how the European Court of Human Rights might compensate for these shortcomings.

Date of Publication

2013

Physical description

1-26

Title

Journal of Muslims in Europe

Volume Number

2/1

International Standard Serial Number

2211-7954

Subject Term

European Court of Human Rights

Subject Term

face veil bans

Subject Term

freedom of religion

Subject Term

human rights

Subject Term

procedural justice

Eva Brems

Saïla Ouald Chaib

Call Number

10.1163/22117954-12341248

Electronic name

p

[Article]

275578

a

Y