Banned for Believing
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Authors
Alimehmeti, Evis
Date
2024-10-17
Type
thesis
Language
eng
Keyword
Expression of religion , Public sphere , Religious groups , Substantive equality
Alternative Title
Abstract
When assessing claims concerning bans on the use of religious symbols in the public sphere, the European Court of Human Rights (ECtHR) generally frames the analysis within the clauses of freedom of religion under article 9 of the European Convention on Human Rights (ECHR), justifying restrictions based on unconvincing and conflicting views of the state duty of neutrality. There is almost no attention or effort to consider the discriminatory potential of such bans based on article 14 of the ECHR, even in cases where the applicants have invoked article 14 to challenge them. The Aristotelian approach to equality has dominated the ECtHR case law under the non-discrimination clauses of article 14, with positive developments only recently, and on specific grounds of discrimination. Laws and policies that affect religious expression through symbols are met with little enthusiasm by the ECtHR concerning evaluation of their effects on specific groups.
In the Canadian system, the Supreme Court of Canada (SCC) has long abandoned formal equality as the only approach under section 15 of the Canadian Charter of Rights. The equality of a measure is evaluated by a substantive equality approach, which focuses on the effects of the treatment, looking at the full context and the situation of the affected group. The group dimension of section 15 substantive equality offers a powerful analytical tool for capturing and exposing the effects of general bans on the use of religious symbols on religious minorities. Studying the SCC’s approach should incentivize the ECtHR to develop article 14’s substantive equality potential in order to identify the discriminatory nature of the legislative bans on the enjoyment of religious identity through the use of symbols. A robust substantive conception of nondiscrimination clauses under article 14 would enable a structured evaluation of vulnerabilities, group disadvantages, and intersectional effects that such bans typically entail
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ProQuest PhD and Master's Theses International Dissemination Agreement
Intellectual Property Guidelines at Queen's University
Copying and Preserving Your Thesis
This publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.