Human rights and religions: living together' or dying apart? A critical assessment of the dissenting opinion in S.A.S. v. France and the notion of living together'
As universalism and pluralism collide when law and religion meet, is freedom of religion balanced between the universality of human rights and the religious particularities of states? To reach an answer, a thorough analysis of the ECtHR judgement S.A.S. v. France is presented, including the joint pa...
| Published in: | Religion, state & society |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Routledge
[2017]
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| In: |
Religion, state & society
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| Standardized Subjects / Keyword chains: | B
Europäischer Gerichtshof für Menschenrechte
/ Human rights
/ Community
/ Religious freedom
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| Further subjects: | B
burqa
B international and comparative law B Diversity B European consensus B Freedom Of Religion B S.A.S B living together |
| Online Access: |
Volltext (Verlag) |
| Summary: | As universalism and pluralism collide when law and religion meet, is freedom of religion balanced between the universality of human rights and the religious particularities of states? To reach an answer, a thorough analysis of the ECtHR judgement S.A.S. v. France is presented, including the joint partly dissenting opinion of Judges Nussberger and Jäderblom. I focus on the notion of living together' when interpreting the majority and dissenting opinions in accordance with the nexus of human rights and religions. A second aim focuses on the use of comparative and international law in clarifying the notion of European consensus, and the way this argument is reflected in case-law and legal reasoning in one of the most discussed and controversial decisions of the ECtHR. |
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| ISSN: | 1465-3974 |
| Contains: | Enthalten in: Religion, state & society
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| Persistent identifiers: | DOI: 10.1080/09637494.2017.1390854 |