Law & Legal Studies

The Treatment of religious attire by courts and international fora reveals the need for new justifications for religious freedom beyond personal autonomy

The Treatment of religious attire by courts and international fora reveals the need for new justifications for religious freedom beyond personal autonomy

This essay reveals the lack of uniformity with the issue of right to religious freedom within countries, and the interpretation of the same by the international courts and foras.

Author

Yash Singhi, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Summary

The affaire du foulard in France and neighboring countries has grown into an issue of great political controversy. While some nations such as France and Turkey have banned the manifestation of religious symbols in public schools under the garb of secularism, countries such as the United States of America have taken quite a contrary stance on the same.

This essay reveals the lack of uniformity with the issue of right to religious freedom within countries, and the interpretation of the same by the international courts and foras. Furthermore, the Courts have taken a narrow-minded perspective evident from the lack of consideration for political and religious identity and the forced assimilation in the European way of life and feminism.

This essay discusses the important considerations, courts forget to look into, before concluding this issue. It shows forcible assimilation in the European way of life and further discusses how it not only takes away the right to manifest religion but, it also encroaches upon their personal identity and group identity.

Published in: International Review of Human Rights Law

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