Global Tangles: Law, Headcoverings and Religious Identity
Santa Clara Journal of International Law, Forthcoming
29 Pages Posted: 7 May 2013 Last revised: 16 Jul 2013
Date Written: December 31, 2012
This paper argues that international human rights law is inadequate in understanding the complexities of Muslim women’s headcoverings and that it has failed to protect Muslim women from prohibitive and punitive measures of the liberal State. Through a review of the relevant cases from the European Court of Human Rights as well as a review of prohibitive laws from Muslim-majority Turkey, the paper argues that international human rights law is prejudiced to say the least, and, heeding Janet Halley’s advice, needs to take a break from feminism in order to fully protect Muslim women’s dignity as defined by Muslim women themselves.
Keywords: Hijab, international human rights, Islam, gender, law and religion, comparative law, Turkey, European Court of Human Rights
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