The Headscarf Controversy: A Response to Jill Marshall |
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Authors: | Sharon Cowan |
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Institution: | (1) School of Law, University of Edinburgh, Old College, South Bridge, Edinburgh, EH8 9YL, UK |
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Abstract: | This paper argues that Article 8 of the ECHR, as applied to the protection of a person’s right to wear a headscarf, is an
inappropriate locus for thrashing out arguments about the right to protection of religious freedom, and that Article 9 allows
for a broader legal and political analysis of the multiple meanings and impacts of religion in our lives. However, the law
should not prohibit women from wearing the headscarf. Legal regulation of the headscarf should be replaced with robust political
debate about the many diverse and intersecting ways in which it is possible to experience womanhood, sexuality, culture, religion,
race, nationality and economic security in the twenty-first century.
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Keywords: | Headscarf Religion Autonomy Harm |
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