Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual’s human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of religious symbols in educational settings. The author persuasively argues that bans on the wearing of religious symbols in educational institutions in Europe constitutes a breach of an individual’s human rights and contravenes existing anti-discrimination legislation. The book offers a discussion of developments in Europe, including the French ban on Islamic head scarves which came into force in April 2011. In addition to an in depth examination of recent bans, the book also assess the arguments used for imposing them as well as the legal claims that can potentially be made to challenge their validity. In doing this, the book will go beyond merely analysing the bans in place to suggest ways in which educational institutions can most fairly respond to requests for accommodation of the wearing of religious symbols and whether perhaps the adoption of other provisions or measures are necessary in order to improve the present situation. This book will be of particular interest to students and academics in the disciplines of law, human rights, political science, sociology and education, but will also be of considerable value to policy makers and educators as well.

The origins of these Manuals lie in the increasing interest and importance of questions concerning the manner in which the freedom of religion and belief is to be enjoyed in Europe today, and how freedom of expression can be reconciled with other rights in a multi-cultural society. These volumes, written by human rights experts and commissioned by the Council of Europe, offer an overview of two contentious topics - the wearing of religious symbols in public areas and the issue of hate speech - and supply insight into key concepts in the jurisprudence of the Court, the role and responsibilities of the state and individuals, key definitions and essential questions for policy makers. This title is published in two parts, one in English and one in French. This publication is only available as a set.

Clearly presenting the case-law concerning Article 9 of the European Convention of Human Rights, this is a lively and accessible analysis of a key issue in contemporary society: whether there is a human right to wear a religious symbol and how far any such right extends.

This timely volume discusses the much debated and controversial subject of the presence of religion in the public sphere. The book is divided in three sections. In the first the public/private distinction is studied mainly from a theoretical point of view, through the contributions of lawyers, philosophers and sociologists. In the following sections their proposals are tested through the analysis of two case studies, religious dress codes and places of worship. These sections include discussions on some of the most controversial recent cases from around Europe with contributions from some of the leading experts in the area of law and religion. Covering a range of very different European countries including Turkey, the UK, Italy and Bulgaria, the book uses comparative case studies to illustrate how practice varies significantly even within Europe. It reveals how familiarization with religious and philosophical diversity in Europe should lead to the modification of legal frameworks historically designed to accommodate majority religions. This in turn should give rise to recognition of new groups and communities and eventually, a more adequate response to the plurality of religions and beliefs in European society.

This volume contains two manuals in both English and French on the topic of the wearing of religious symbols in public areas (written by Malcolm Evans) and hate speech (written by Anne Weber). The manuals fall within the scope of the Committee of Experts for the Development of Human Rights, and were prepared under the authority of the Steering Committee for Human Rights, as part of its work on human rights in a multicultural society. They were launched during the conference "Human Rights in culturally diverse societies: Challenges and perspectives" which was organised by the Council of Europe in The Hague, The Netherlands.

This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.