Criticism of the hegemonic approach in the European Court of Human Rights regarding the limitation of the hijab in public institutions: political use of legal Mechanisms

Document Type : Academicm and Research

Author

Assistant Professor of International Law, Faculty of Law, University of Qom, Qom, Iran.

10.22091/csiw.2024.10547.2520

Abstract

The European Court of Human Rights, which is also referred to as the Strasbourg Court, as a court that has international jurisdiction in the field of human rights on a regional scale, has repeatedly faced the issue of "Hijab" in its rulings. The approach of that court is that governments have the right to limit the hijab in public institutions, especially schools. The following article tries to criticize the performance of the European Court of Human Rights regarding the restriction of the hijab in public institutions from the perspective of the international human rights system. Ragham's hypothesis is that the European Court of Human Rights, influenced by the supremacy of state hegemony, by issuing a ruling to restrict the hijab, not only did not guarantee human rights, but violated them. In order to verify its hypothesis, the upcoming research has been carried out with a descriptive-analytical method based on the collection of information in a library form. The following article has proven that this action of the European Court of Human Rights violates the principle of freedom that the first generation of human rights goes back to. By adopting this approach, the aforesaid court violated the principle of religious freedom which is accepted in the International Bill of Rights and also has a customary dress, and also violated Article 9 of the European Charter of Human Rights, which according to a mission For which the court is drawn, it is considered a violation of the purpose.

Keywords

Main Subjects

References

Dabirnia, Alireza; Movahedipur, Ehsan & Taleb Najafabady, Azam (2023). "The Relationship Between the Divine Command Theory and Human Rights", Journal of Comparative Study of Islamic and Western Law, Issue 2, pp. 25-42.
Mirmohammadi, Seyyed Mostafa (2008). "Non-prohibition of Islamic hijab according to international minority rights", Womens Strategic Studies, Issue 37, pp. 49-74.
Haddadi, Mahdi (2006). "Prohibition of Islamic Headscarf in Europe from Human Rights Law Perspective", Journal of Legal Research, Issue 9, pp. 97-122.
Send comment about this article
CAPTCHA Image

Files

Share

How to cite

Statistics