Original scientific paper
The headscarf ban and discrimination in the european law
Samir Zuparević
Abstract
The author explores the meaning and significance of discrimination in the context of the ban on religious symbols in public institutions. Religious covering (hijab) is a specific manifestation of freedom of religion. In this paper, the author enlightens controversy restrictions on freedom of religion with regard to the headscarf ban in public institutions by certain EU member states. In this context special attention is paid to the relationship between restrictions on freedom of manifestation of religious symbols and non-discrimination based on religion. In order to present materials systematically and logically, the paper is divided into two parts. In the first part the author explores the arguments pro et contra the ban on wearing headscarves in public schools that are under supervision of the state.On this basis,in the second part, possibilities of prevention of religious discrimination within the European system for protection of Human Rights and Freedoms are analyzed. In the last part of the article, author gives a critical analysis of some aspects of formal equality for members of religious minorities as the starting point of this article.
Keywords
religious discrimination; formal equality; fundamental human rights; secularism; Margin of Appreciation doctrine; state; European Community
Hrčak ID:
59763
URI
Publication date:
20.10.2010.
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