Banning the Full-Face Veil: Freedom of Religion and Non-Discrimination in the Human Rights Committee and the European Court of Human Rights

What is, or should be, the relationship between claims of violations of the right to manifest one's religion as a result of a generally applicable law or policy, and claims of indirect discrimination on grounds of religion? The interrelationship of human rights protections is not a new question...

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Bibliographic Details
Published in:Harvard human rights journal 2021-07, Vol.34 (2), p.217
Main Author: Cleveland, Sarah H
Format: Article
Language:English
Subjects:
Detention
Discrimination
Freedom of assembly
Freedom of religion
Freedom of speech
Human rights
Punishment
Torture
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Summary:What is, or should be, the relationship between claims of violations of the right to manifest one's religion as a result of a generally applicable law or policy, and claims of indirect discrimination on grounds of religion? The interrelationship of human rights protections is not a new question. Just as rights may conflict, rights may also overlap. The arrest of a human rights activist for expressing her views could violate both the prohibition against arbitrary detention and her freedom of expression. Excessive use of force against peaceful demonstrators could violate their rights to freedom of assembly, freedom of expression, and security of the person, and the prohibition against torture and cruel, inhuman, or degrading treatment or punishment. Certain actions or inactions may implicate specific rights, such as the rights to language and culture, and to freedom of religion, opinion, or belief, and may also constitute discrimination on those same grounds.
ISSN:1057-5057
1943-5088