Abstract

http://ssrn.com/abstract=2010449
 


 



The Judicial Protection of Religious Symbols in Europe’s Public Educational Institutions: Thank God for Canada and South Africa


Hans-Martien Ten Napel


Leiden Law School

Florian H. Karim Theissen


Leiden University - Leiden Law School

October 12, 2011

Muslim World Journal of Human Rights, Vol. VIII, No. 1, pp. 1-24, 2011

Abstract:     
How should judges deal with the manifestation of religious symbols in public educational institutions? In light of the important role of human rights in our legal and political system, courts should grant maximum protection under the freedom of religion or belief. The central thesis of this article is that the European Court of Human Rights fails to live up to this standard. In order to reach this conclusion, the article analyzes relevant case law of the European Court and compares its case law with that of the high courts of Canada and South Africa. In addition, the article assesses the case law of all three courts from the angle of interpretation theory and particularly Cass R. Sunstein’s theory of judicial minimalism. Adoption of a more consistently minimalist methodology by the European Court might lead to a greater protection granted to individuals and groups. However, a wide and deep ruling is first required to overturn the current line of reasoning. The European Court can draw inspiration from Canada and South Africa for such a judgment.

Keywords: religious symbols, public educational institutions, European Court of Human Rights, comparison with high courts of Canada and South Africa, interpretation theory, judicial minimalism, secularity, secularism

Accepted Paper Series





Not Available For Download

Date posted: February 25, 2012  

Suggested Citation

ten Napel, Hans-Martien and Theissen, Florian H. Karim, The Judicial Protection of Religious Symbols in Europe’s Public Educational Institutions: Thank God for Canada and South Africa (October 12, 2011). Muslim World Journal of Human Rights, Vol. VIII, No. 1, pp. 1-24, 2011. Available at SSRN: http://ssrn.com/abstract=2010449

Contact Information

Hans-Martien Ten Napel (Contact Author)
Leiden Law School ( email )
P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands
HOME PAGE: http://www.linkedin.com/pub/hans-martien-ten-napel/39/424/923
Florian H. Karim Theissen
Leiden University - Leiden Law School ( email )
P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands
Feedback to SSRN


Paper statistics
Abstract Views: 466

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.234 seconds