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Abstract:
This casebook, published by the Inter-American Development Bank and the Academy for Human Rights and Humanitarian Rights of American University, Washington College of Law, is meant to help members of international judiciaries improve their understanding, analysis, and application of international human rights standards. These standards constitute an essential catalogue of the fundamental rights and freedoms that are found in the core principles of all modern democracies. There is no doubt that the effective application of human rights law provides a more favorable environment for poverty reduction, economic growth, and legal security.

This casebook includes extracts of judgments, reports, and opinions of international supervisory organs and domestic judicial tribunals, as well as the work of scholars in this subject. It also includes the most relevant international treaties on human rights adopted by the inter-American, universal and European systems.

human rights, domestic law

Abstract:
This article highlights some of the discursive implications of framing the question of Islamic dress as one of religious rights. It is argued that the very construction of hijab issues as those of religious identity , sustained by the use of Article 9 of the ECHR as the primary legal basis for their resolution, has shaped a number of counterproductive trends. These are: avoiding difficult questions through a judicial technique of deference to local knowledge; using a language of choice to produce an obscure and unsatisfactory account of Muslim women's agency; false dichotomising of culture and gender; and producing an ever more docile and exposed subject through the subtle mechanisms of public scrutiny and moralising. Each trend is considered in turn. The article's arguments draw on the critical thought of Wendy Brown and post-colonial feminism.