Social Conditions of Freedom, International Human Rights Law and Women's Dress: identity, belonging and recognition. / Marshall, Jill.

Law, Cultural Studies and the “Burqa Ban”. An Interdisciplinary Handbook (Anja Matwijkiw & Anna Oriolo eds.). Intersentia Ltd, 2021.

Research output: Chapter in Book/Report/Conference proceedingChapter

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Abstract

This piece takes a global human rights perspective on the regulation of women’s dress. The author does not recount national legislation but critically analyses international human rights law provisions, including the Convention on the Elimination of Discrimination Against Women 1979, and certain case law development of legal rights to personal identity. The chapter highlights and probes the underlying purpose of this area of law: to ensure the inherent dignity, equality and rights of everyone based on the ideal of free human beings. The author argues for an interpretation of the law in line with its purpose to create and safeguard the scaffolding of the social conditions of identity formation of women wearing Islamic dress. This gives flesh to the universal human of International human rights law, acknowledging that personalities are formed culturally and socially with and through others, with implications for belonging and recognition.
Original languageEnglish
Title of host publicationLaw, Cultural Studies and the “Burqa Ban”. An Interdisciplinary Handbook (Anja Matwijkiw & Anna Oriolo eds.)
PublisherIntersentia Ltd
Publication statusPublished - 1 Jul 2021

ID: 38329354