DTA

Master di Primo Livello

FORNI, MARGHERITA

etd-10172021-035142

Freedom of Religion for Religious Minorities in the European Convention on Human Rights: In search of a balance between universality and diversity

Istituto di Diritto, Politica e Sviluppo

Corsi Alta Formazione - MASTER IN HUMAN RIGHTS AND CONFLICT MANAGEMENT

relatore Dott.ssa PIRAS, ELISA
Relatore Maddalena Maltese

• Article 9
• European Convention on Human Rights
• freedom of religion
• public school
• religious minorities
• secularism

20/10/2021;

completa

This study aims to focus its attention on how the Starsbourg Court has ruled on religious issues specifically concerning religious minorities and religious clothing of students in public school and university, through the analysis of relevant legal cases. To this end, the first chapter will focus on international and regional instruments that protect the freedom of thought, conscience and religion, to then analyse the specificities of Article 9 of the European Convention. The second chapter will enter into the heart of the cases examined by the Strasbourg Court concerning the religious clothing of students belonging to religious minorities in public schools and universities. To this end, minorities present in the European context will be previously identified, as well as bans from wearing religious attire in public space. Given the particular interest that the restrictions imposed on Muslim women - because their clothing is considered too religious - assumes in Europe, this topic will be addressed more in depth. Finally, the third chapter will analyse jurisprudential trends in the Court’s attempt to find a balance between universality and diversity in the protection of freedom of religion or belief and will open a debate on the possible interpretations and applications-implications of secularism as a space of exclusion or inclusion.

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