Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom: An Emerging Trend

In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recen...

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Bibliographic Details
Published in:Ecclesiastical law journal 2019-01, Vol.21 (1), p.48-53
Main Author: Paul, Kaushik
Format: Article
Language:English
Subjects:
Case law
Comment
Contempt of court
Convictions
Court hearings & proceedings
Freedom of religion
Human rights
Judges & magistrates
Murders & murder attempts
Religious beliefs
Religious clothing
Society
State court decisions
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Summary:In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of religion or belief. From the perspective of religious freedom, the ruling of the Strasbourg Court in Lachiri is very significant for many reasons. The purpose of this comment is critically to analyse the ECtHR's decision in Lachiri from the standpoint of religious liberty.
ISSN:0956-618X
1751-8539
DOI:10.1017/S0956618X18000947