عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
NATIONAL BIBLIOGRAPHY NUMBER
Number
LA125918
LANGUAGE OF THE ITEM
.Language of Text, Soundtrack etc
انگلیسی
TITLE AND STATEMENT OF RESPONSIBILITY
Title Proper
Religious Symbols and State Regulation
General Material Designation
[Article]
First Statement of Responsibility
Dominic McGoldrick
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Leiden
Name of Publisher, Distributor, etc.
Brill
SUMMARY OR ABSTRACT
Text of Note
Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court of Human Rights has approached the regulation of the regulation of religious symbols by national jurisdictions. It submits that the fundamental touchstone of the Court's jurisprudence lies in its approach to secularism. It has accepted secularism as consistent with the values underpinning the Convention. This is a strategic and sensible approach. There are limits imposed by the prohibitions on discrimination and indoctrination. Beyond secularism there have been tentative steps towards a balancing / reasonable accommodation approach but the Court appreciates that the balances are difficult ones on which reasonable people, and even reasonable states, may legitimately disagree. Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court of Human Rights has approached the regulation of the regulation of religious symbols by national jurisdictions. It submits that the fundamental touchstone of the Court's jurisprudence lies in its approach to secularism. It has accepted secularism as consistent with the values underpinning the Convention. This is a strategic and sensible approach. There are limits imposed by the prohibitions on discrimination and indoctrination. Beyond secularism there have been tentative steps towards a balancing / reasonable accommodation approach but the Court appreciates that the balances are difficult ones on which reasonable people, and even reasonable states, may legitimately disagree.
SET
Date of Publication
2017
Physical description
128-141
Title
Religion & Human Rights
Volume Number
12/2-3
International Standard Serial Number
1871-0328
UNCONTROLLED SUBJECT TERMS
Subject Term
discrimination
Subject Term
European Convention on Human Rights (ECHR)
Subject Term
European Court of Human Rights (ECtHR)
Subject Term
Human Rights and Humanitarian Law
Subject Term
margin of appreciation
Subject Term
religion & Society
Subject Term
religious dress
Subject Term
religious symbols
Subject Term
secularism
Subject Term
Social Sciences
PERSONAL NAME - PRIMARY RESPONSIBILITY
Dominic McGoldrick
LOCATION AND CALL NUMBER
Call Number
10.1163/18710328-12231155
ELECTRONIC LOCATION AND ACCESS
Electronic name
مطالعه متن کتاب p
[Article]
275578
a
Y
