Religious Symbols and Garments in Public Places – a Theory for the Understanding of S.A.S. v France
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Teresa Sanader
Teaching and Research Associate at the Department of Public Law, University of Innsbruck, Austria. The following article is based on her dissertation for the MSc Human Rights programme at LSE. The author would like to thank her professors and her colleagues from the Centre for the Study of Human Rights at LSE for their comments and support
Abstract
This article analyses the ECtHR’s case law on Article 9 ECHR, with an emphasis on displaying religious symbols and garments in public places. It provides a theory for the better understanding of the ECtHR’s poor protection of individual believers and its deference to the member states in the light of a wide margin of appreciation, the lack of a European consensus regarding the role of religion in society in the member states and the absence of an in-depth analysis of proportionality in these cases. With the exception of Ahmet Arslan v Turkey no violation was ever found in the context of religious dresses in public places. Therefore, the article offers an explanation for the Grand Chamber’s judgment of S.A.S. v France according to the theory of religion as an ‘adjudication stopper’ for the ECtHR and it argues that this latest judgment was not surprising but in line with the Court’s rather cautious approach.
About the author
Teaching and Research Associate at the Department of Public Law, University of Innsbruck, Austria. The following article is based on her dissertation for the MSc Human Rights programme at LSE. The author would like to thank her professors and her colleagues from the Centre for the Study of Human Rights at LSE for their comments and support
© 2017 by Walter de Gruyter Berlin/Boston
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- Table of Contents
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- Erosion of Constitutional Rights in EU Law: A Call for ‘Substantive Co-operative Constitutionalism’
- Religious Symbols and Garments in Public Places – a Theory for the Understanding of S.A.S. v France
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- Notes & Essays
- The Eternity Clause in the Czech Constitution as Limit to European Integration
- Drafting the Preamble for the Satversme: A New Approach to one of the Oldest Still-Functioning Republican Basic Laws
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Artikel in diesem Heft
- Inhalt
- Table of Contents
- Articles
- Erosion of Constitutional Rights in EU Law: A Call for ‘Substantive Co-operative Constitutionalism’
- Religious Symbols and Garments in Public Places – a Theory for the Understanding of S.A.S. v France
- Supremely Fallible? A Debate on Judicial Restraint and Activism in Pakistan
- Notes & Essays
- The Eternity Clause in the Czech Constitution as Limit to European Integration
- Drafting the Preamble for the Satversme: A New Approach to one of the Oldest Still-Functioning Republican Basic Laws
- Developments Austria
- Focus: The best Interests of the Child
- In the Child’s best Interest. A strict Age Difference between an adoptive Parent and the Child violates the Child’s Right to the best possible Development and Deployment
- Exclusion of registered Partners from Adoption Rights found to be discriminatory
