New Trends in Religious Freedom: The Battle of the Headscarf

Abstract

Freedom of religion has been described as the paradigm freedom of conscience and of the essence in a free society, but the re-emergence of religion in the public sphere has elicited great publicity. The wearing of the female Islamic dress, commonly the headscarf (hijab), is a complex and multi-faceted issue that is often raised in legal and political debates, particularly in the education and employment areas across Europe. This work examines the role of the European Union in the regulation of Member States‟ approaches to individuals wearing the Islamic headscarf. The European Convention of Human Rights and decisions of the European Court of Human Rights have set a strict and clear precedent: a State can limit the individual‟s right to manifest their religious belief in a number of circumstances with the margin of appreciation afforded to them. Most judgments from the Court have found in favour of the state, and this work will attempt to understand the reasoning behind these decisions, and offer critiques if necessary.