"Veiling and rights" [2019] ELECD 1174; in Cox, Neville (ed), "Behind the Veil" (Edward Elgar Publishing, 2019) 51

Book Title: Behind the Veil

Editor(s): Cox, Neville

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: Veiling and rights

Number of pages: 47

Abstract/Description:

The application of human rights law to the veiling issue is critical, not least because, to the extent that a law that restricts veiling is interfering with the rights of women who wish to veil, the tendency of many European governments is to characterise such laws as justified interferences with rights. In this chapter, and referring primarily to the European Convention on Human Rights, I assess both the rights that are at play within this issue, and also the typical treaty-based justifications for such laws that are relied on by states. Furthermore, I outline four different elements of the standard approach of the European Court in ‘veiling cases’ that allow it to defer to state policy in this area.