Presentation on theme: "Religious Freedom in the EU by Lyonette Louis-Jacques D’Angelo Law Library, University of Chicago Law School W-4: Researching and Understanding."— Presentation transcript:
Religious Freedom in the EU by Lyonette Louis-Jacques D’Angelo Law Library, University of Chicago Law School W-4: Researching and Understanding European Union Law AALL Annual Meeting, Philadelphia, PA, July 23, 2011
Muslim Headscarves Muslim veils (BBC) Muslim veils
Introduction Preliminary matters: most recent slides at Slideshare.netSlideshare.net In the beginning… “Researching the Right to Wear Religious Garb in Public Schools in Europe: The Muslim Headscarf Issue: Religion and International Human Rights Law and Policy” (Lyonette Louis-Jacques, July 8, 2004)(Turkey, France)Researching the Right to Wear Religious Garb in Public Schools in Europe: The Muslim Headscarf Issue: Religion and International Human Rights Law and Policy” Self-expression, personal identity France’s ban on covering your face in public places went into effect April 11, 2011 (about 2000 women)ban Belgium’s ban on covering your face in public goes into effect today, July 23, 2011 (270 women affected)ban Penalising women who wear the burqa does not liberate them (Council of Europe, Commissioner for Human Rights, July 20, 2011) Penalising women who wear the burqa does not liberate them European rights official denounces burqa bans (July 20, 2011) European rights official denounces burqa bans Religious freedom, privacy, personal identity/expression/choice v. state interest in public safety, security, “values” of a democratic society, equality, non-discrimination, laïcité
EU Charter of Fundamental Rights Article 10 Freedom of thought, conscience and religion (see also Article 21 on non-discrimination, Article 22 on religious diversity, and the Charterpedia) Article 10Charterpedia Text 1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance. 2. The right to conscientious objection is recognised in accordance with the national laws governing the exercise of this right.
Council of Europe, European Convention on Human Rights (ECHR) Article 9 Freedom of thought, conscience and religion (note that the EU is in the process of acceding to the CoE Convention) Article 9process of acceding Text 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Universal Declaration of Human Rights Article 18 (United Nations UDHR) Article 18 Text Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
International Covenant on Civil and Political Rights (ICCPR) Article 18 (UN ICCPR) Article 18 Text 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
Other Instruments Employment Framework Directive (2000/78/EC)(equal treatment in the workplace) Employment Framework Directive National constitutions (Venice Commission, gov’t websites, Oceana/OUP, HeinOnline World Constitutions Illustrated, etc. National legislation and regulations (N-Lex, OSCE Legislationline, Globalex, Reynolds & Flores’ Foreign Law Guide, etc.)N-Lex LegislationlineGlobalex Foreign Law Guide Sub-national laws (Länder, e.g.) Local, municipal laws
Overlapping Jurisdiction European Court of Justice (ECJ); see also the Fundamental Rights Agency (FRA)’s Case-law database) European Court of Justice Case-law European Commission on Human Rights / European Court of Human Rights (ECHR HUDOC case-law database); ECHR Country Factsheets, ; see also Strasbourg Consortium resources)ECHRStrasbourg Consortium LexisNexis and Westlaw ECR/ECJ, ECHR/EHRR National courts & administrative agencies Constitutional courts (Venice Commission’s CODICES constitutional case-law database)CODICES United Nations human rights jurisprudence
European Court of Human Rights
Italy Lautsi and others v. Italy (30814/06, 18 March 2011)(a crucifix in an Italian public school classroom is [a “passive symbol”] not incompatible with Article 9 of the Convention) Opposing commentary by Lorenzo ZuccaLorenzo Zucca Selection of documents on the “Crucifix Case” (European Center for Law & Justice) Selection of documents on the “Crucifix Case”
Switzerland Dahlab v. Switzerland (primary school teacher prohibited from wearing Islamic headscarf (hijab))
Greece Kokkinakis v. Greece (Jehovah’s Witness convicted of proselytism, a manifestation of his religious belief)
Switzerland Ouardiri v. Switzerland (application no /09) and Ligue des Musulmans de Suisse and Others v. Switzerland (no /09) (Prohibition on building minarets in Switzerland - applications inadmissible as applicants not “victims” of a violation of the Convention)
Subject Headings Church and state – Europe / European Union countries Clothing and dress – Religious aspects Cults – Law and legislation -- Europe Freedom of religion – Europe / European Union countries Hijab (Islamic Clothing) – Law and legislation Human rights – Religious aspects Islamophobia - Europe Law – Europe – Religious aspects Race discrimination – Europe – Religious aspects Racism – Europe – Religious aspects Religion and law – European Union countries [religion/members] – Legal status, laws, etc. -- [European jurisdiction] Religion and the state Religious liberty Religious minorities – European Union countries Religious minorities – Law and legislation – Europe [relevant instrument – e.g. Charter of Fundamental Rights] “civil rights” / “European Economic Community countries”
Key Terms “Freedom of religion”, “religious liberty” “Religion”, “cult”, “sect” “Margin of appreciation” doctrine “Principle of proportionality ” “Principle of subsidiarity” Intersectionality “Burqa”, “burka”; “face veil”; “Islamic veil”; “hijab”; “niqab”; headscarf; “Islamic dress”
Selected Books Norman Doe, Law and Religion in Europe: A Comparative Introduction (OUP, forthcoming October 2011)Law and Religion in Europe: A Comparative Introduction Human Rights in Europe: Commentary on the Charter of Fundamental Rights of the European Union (Carolina Academic Press, 2010) Ronan McCrea, Religion and the public order of the European Union (OUP, 2010) Dominic McGoldrick, Human Rights and Religion: The Islamic Headscarf Debate in Europe (Hart, 2006). Religion and Belief Discrimination in Employment: The EU Law (Lucy Vickers, 2007) Religion and Belief Discrimination in Employment: The EU Law Kirsten Shoraka, Human Rights and Minority Rights in the European Union (Routledge, 2010) International Encyclopaedia of Laws: Religion (Kluwer Law International) Major authors: Carolyn Evans, Malcolm Evans, W. Cole Durham, Jr., Silvio Ferrari, John Witte, Jr., Gerhard Robbers, Norman Doe, etc. Publishers: Brill, Peeters (church and state)
Journals Berkeley Journal of Middle Eastern & Islamic Law European Anti-Discrimination Law Review European Journal for Church and State Research Islamic Law and Society Journal of Catholic Legal Studies Journal of Islamic Law and Culture Journal of Law and Religion Journal of Religion and International Affairs Muslim World Journal of Human Rights Religion and Human Rights UCLA Journal of Islamic and Near Eastern Law
Specialized Journal Indexes & Catalogs ECLAS (European Commission Libraries Catalogue) ECLAS ECHR Library Catalog Peace Palace Library Catalogue ATLA Religion Standard legal periodicals indexes, databases Non-law: JSTOR, Project Muse (Human Rights Quarterly), IBZ, FRANCIS WorldCat.org; European law library catalogs WorldCat.org Google Books, Google Scholar Google BooksGoogle Scholar
Reports International Religious Freedom Report (annual) International Religious Freedom Report TANDIS (Tolerance and Non-Discrimination Information System; various reports on hate crimes, anti-semitism, Islamophobia, etc., in Europe) TANDIS Religious Freedom in the World Surveys of religion in Europe (e.g. on_in_Europe_and%20US.pdf on_in_Europe_and%20US.pdf Religious Freedom (New Europe special edition) Religious Freedom
News Sources Strasbourg ConsortiumBBC News
Blogs ECHR Blog Contending Modernities (Religious Freedom) Contending Modernities Chaire de Droit et Religion (Belgium) Chaire de Droit et Religion Islamophobia Watch Blog Religion Clause Religion News Blog Justia’s Blawgsearch; Google Blog SearchBlawgsearchGoogle Blog Search D’Angelo Law Library Blog – Banned: Hiding Your Face in a French Public Place (September 19, 2010) Banned: Hiding Your Face in a French Public Place – The Burqa – “Mobile Prison” or a Woman’s Right? (July 25, 2010) The Burqa – “Mobile Prison” or a Woman’s Right?
Organizations Fundamental Rights Agency (FRA) Fundamental Rights Agency European Centre for Law and Justice (ECLJ,. “Christian-inspired” NGO) European Centre for Law and Justice European Consortium for Church and State Research European Network of Legal Experts in the Non-Discrimination Field International Center for Law and Religion Studies (W. Cole Durham, Jr., Director, ICLRS, Brigham Young University) International Center for Law and Religion Studies International Consortium for Law and Religion Studies (ICLARS) International Consortium for Law and Religion Studies Organization for Security and Co-operation in Europe (OSCE), Office for Democratic Institutions and Human Rights (ODIHR) Organization for Security and Co-operation in Europe Office for Democratic Institutions and Human Rights Pew Forum on Religion & Public Life Religion and Law Consortium Strasbourg Consortium (FORB in the ECHR) Strasbourg Consortium
Conclusion Researching religious freedom in European Union countries – Complex normative framework – Religious minorities, various – Language(s) of the multiple jurisdictions, religion, law – Interdisciplinary, Intersectional (race/gender/religion/ethnicity, immigrant-status) – Flux – People sources
Photo Credits CC EU Religions: CC “Persecution” (La Passion de Jeanne d’Arc): CC Crucifix (Italy): CC “Outward Displays” (Hindu Temple, Chariot Procession, London, UK): CC Hindu Temple (London, UK): CC St. Thomas Aquinas (“Locating Books”): CC ECHR (“Adjudicative Bodies”): CC Mosque (Sweden): CC “Voile” (Veil, in Niqab/Hijab group): CC Buddhism (Switzerland): Nike/Religious wear (photo by Lyonette Louis-Jacques – Table Mountain, Cape Town, South Africa) CC “News Updates” (EU Eiffel Tower): CC EU Eiffel Tower: CC Germany (European Central Bank): CC United Kingdom (Women in London, Burqa): CC St. Andrew’s Church (Kiev, Ukraine): CC “Key Instruments” (stack of German books): CC John The Evangelist: CC “Questions?” (Burka, London):
Questions? Consult Research Guide and BibliographyResearch Guide and Bibliography Contact Lyo Louis-JacquesLyo Louis-Jacques