Počet záznamů: 1  

The Politics of European Human Rights Culture

  1. 1.
    SYSNO ASEP0477785
    Druh ASEPJ - Článek v odborném periodiku
    Zařazení RIVJ - Článek v odborném periodiku
    Poddruh JČlánek ve SCOPUS
    NázevThe Politics of European Human Rights Culture
    Tvůrce(i) Agha, Petr (USP-I)
    Zdroj.dok.The Lawyer Quarterly - ISSN 1805-8396
    Roč. 7, č. 3 (2017), s. 200-215
    Poč.str.16 s.
    Forma vydáníTištěná - P
    Jazyk dok.eng - angličtina
    Země vyd.CZ - Česká republika
    Klíč. slovaCourt of Justice of the European Union ; European Court of Human Rights ; religious symbols
    Vědní obor RIVAG - Právní vědy
    Obor OECDLaw
    CEPGA13-30299S GA ČR - Grantová agentura ČR
    Institucionální podporaUSP-I - RVO:68378122
    EID SCOPUS85029751234
    AnotaceThe issue of religious symbols in the public space has given rise to widespread debate on the scope of freedom of religion and of the State’s neutrality in various countries around the world. Over the years, it has become a source of vigorous legal and political controversy. In Europe in particular, this question chiefly concerns the wearing of headscarves. Bans (often formulated as either bans on headgear or as general bans on religious symbols or dress) have been introduced by many countries and in many areas of life. Islamic dress tends to be commonly perceived (at least in the west) as being associated with the subordination of young girls and women and the perceived link with what is commonly termed “Islamic fundamentalism”. The wearing of religious symbols has been discussed both from a socio-political as well as legal perspective. These developments, particularly attempts to change a cultural reticence to publicly express faith into a legal obligation to refrain from religious expression in certain circumstances, have brought major challenges for European human rights law, most notably in relation to the wearing of religious dress. Although most European legal systems provide protection for religious freedom and to religious minorities, the scope of this protection is affected by many factors, such as history, (constitutional) traditions and social factors. In essence, the term European human rights culture developed in the interplay of jurisprudence between The Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The text explores the two recent CJEU rulings and juxtaposes it against the recent developments in the ECtHR jurisprudence, focusing on how CJEU departs from the established manner set out by the ECtHR of dealing with cases involving the limitations on fundamental rights. The purpose of this is to present a reflection of the recent state of the European human rights culture, which has, in the past years, become very dynamic.
    PracovištěÚstav státu a práva
    KontaktIveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 712
    Rok sběru2018