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Religious symbols and state regulation

McGoldrick, Dominic


Dominic McGoldrick


Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court of Human Rights has approached the regulation of the regulation of religious symbols by national jurisdictions. It submits that the fundamental touchstone of the Court’s jurisprudence lies in its approach to secularism. It has accepted secularism as consistent with the values underpinning the Convention. This is a strategic and sensible approach. There are limits imposed by the prohibitions on discrimination and indoctrination. Beyond secularism there have been tentative steps towards a balancing / reasonable accommodation approach but the Court appreciates that the balances are difficult ones on which reasonable people, and even reasonable states, may legitimately disagree.

Journal Article Type Article
Journal Religion and Human Rights
Print ISSN 1871-031X
Electronic ISSN 1871-0328
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 12
Issue 2-3
APA6 Citation McGoldrick, D. (in press). Religious symbols and state regulation. Religion and Human Rights, 12(2-3), doi:10.1163/18710328-12231155
Keywords Religion, Religious symbols, Religious dress, Secularism, Discrimination, Margin of appreciation, European Court of Human Rights, European Convention on Human Rights
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Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingh.../end_user_agreement.pdf


McGoldrick - Symbols (1) Accepted Short Version pdf July 2017.pdf (309 Kb)

Copyright Statement
Copyright information regarding this work can be found at the following address:

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