Chapter

Extreme Religious Dress: Perspectives on Veiling Controversies

Dominic McGoldrick

in Extreme Speech and Democracy

Published in print February 2009 | ISBN: 9780199548781
Published online May 2009 | e-ISBN: 9780191720673 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199548781.003.0021
 Extreme Religious Dress: Perspectives on Veiling Controversies

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This chapter examines ‘extreme religious dress’, in particular, the wearing of the Islamic headscarf-hijab in jurisdictions across the world. The focus is predominantly a legal one that seeks to apply human rights standards and categorizations. Section 2 considers the relationships between speech and religious dress. Section 3 examines how headscarf-hijab cases have been, and can be, constructed in terms of international human rights law, individual and group identities and the human right to freedom of religion. Section 4 considers the narrower educational context. Section 5 considers the issue from religious, race, and gender discrimination perspectives. Section 6 widens the perspective to embrace fundamental values of autonomy and consent. Section 7 notes the role of the margin of appreciation in explaining human rights outcomes. Finally, Section 8 locates the importance of religious dress issues, and in particular that of the Islamic headscarf-hijab, within broader contemporary political and philosophical debates.

Keywords: headscarf; hijab; Islamic; human rights; religion

Chapter.  16067 words. 

Subjects: Human Rights and Immigration

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