University of Twente Student Theses

Login

Between neutrality and accommodation : Dutch and European jurisprudence on the Islamic headscarf in education

Spelt, M.J. (2011) Between neutrality and accommodation : Dutch and European jurisprudence on the Islamic headscarf in education.

[img] PDF
699kB
Abstract:In a number of cases the European Court of Human Rights has considered Turkish and French bans on the wearing of the Islamic headscarf in education. In each of these cases it concluded that these bans interfered with freedom of religion, but that these interferences were justified for upholding secularism. In the Netherlands such issues were generally settled before the Dutch Equal Treatment Commission. This Commission has consistently struck down headscarf bans in public schools and sometimes in private schools, because they were contrary to the principle of equal treatment. This thesis argues that this difference follows from a difference between French and Turkish secularist models of religions-state relations and a Dutch accommodative model. It concludes that the Dutch approach is just as compatible with the jurisprudence of the European Court of Human Rights as the Turkish and French approaches, as this Court takes a pluralist approach to the protection of religious freedom, providing states with a wide margin of appreciation on such issues concerning the relations between religions and states.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:European Studies BSc (56627)
Link to this item:http://purl.utwente.nl/essays/62314
Export this item as:BibTeX
EndNote
HTML Citation
Reference Manager

 

Repository Staff Only: item control page