S.A.S. v France : Burqa Bans and the Control or Empowerment of Identities. / Marshall, Jill.

In: Human Rights Law Review , Vol. 15, No. 2, 01.06.2015, p. 377-389.

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S.A.S. v France : Burqa Bans and the Control or Empowerment of Identities. / Marshall, Jill.

In: Human Rights Law Review , Vol. 15, No. 2, 01.06.2015, p. 377-389.

Research output: Contribution to journalArticlepeer-review

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Marshall, Jill. / S.A.S. v France : Burqa Bans and the Control or Empowerment of Identities. In: Human Rights Law Review . 2015 ; Vol. 15, No. 2. pp. 377-389.

BibTeX

@article{0bbcb517197b40f88d7f31a04504d699,
title = "S.A.S. v France: Burqa Bans and the Control or Empowerment of Identities",
abstract = "This piece argues that the European Court of Human Rights relies on a largely unheard of concept in human rights law of 'living together' in this legal case concerning the French law banning burqas in all public places. The author argues that human rights law's purpose is to empower individuals, recognising and protecting their identities. It should not interpret concepts within the European Convention on Human Rights as constraining identities. It should not focus on how one perceive another's personality and ban practices for that reason. 'Living together' makes a mockery of freedom of expression. The decision constrains the freedom of women who wear, and may in future want to wear, a face veil. It has potential to push out forms of expressions deemed unacceptable to the majority. ",
keywords = "freedom, burqa bans, human rights",
author = "Jill Marshall",
year = "2015",
month = jun,
day = "1",
doi = "10.1093/hrlr/ngv003",
language = "English",
volume = "15",
pages = "377--389",
journal = "Human Rights Law Review ",
publisher = "Oxford University Press",
number = "2",

}

RIS

TY - JOUR

T1 - S.A.S. v France

T2 - Burqa Bans and the Control or Empowerment of Identities

AU - Marshall, Jill

PY - 2015/6/1

Y1 - 2015/6/1

N2 - This piece argues that the European Court of Human Rights relies on a largely unheard of concept in human rights law of 'living together' in this legal case concerning the French law banning burqas in all public places. The author argues that human rights law's purpose is to empower individuals, recognising and protecting their identities. It should not interpret concepts within the European Convention on Human Rights as constraining identities. It should not focus on how one perceive another's personality and ban practices for that reason. 'Living together' makes a mockery of freedom of expression. The decision constrains the freedom of women who wear, and may in future want to wear, a face veil. It has potential to push out forms of expressions deemed unacceptable to the majority.

AB - This piece argues that the European Court of Human Rights relies on a largely unheard of concept in human rights law of 'living together' in this legal case concerning the French law banning burqas in all public places. The author argues that human rights law's purpose is to empower individuals, recognising and protecting their identities. It should not interpret concepts within the European Convention on Human Rights as constraining identities. It should not focus on how one perceive another's personality and ban practices for that reason. 'Living together' makes a mockery of freedom of expression. The decision constrains the freedom of women who wear, and may in future want to wear, a face veil. It has potential to push out forms of expressions deemed unacceptable to the majority.

KW - freedom

KW - burqa bans

KW - human rights

UR - https://academic.oup.com/hrlr/article/15/2/377/611773

U2 - 10.1093/hrlr/ngv003

DO - 10.1093/hrlr/ngv003

M3 - Article

VL - 15

SP - 377

EP - 389

JO - Human Rights Law Review

JF - Human Rights Law Review

IS - 2

ER -