Religious Freedom in the EU

by Lyonette Louis-JacquesD’Angelo Law Library, University of Chicago Law School

llou@uchicago.eduW-4: Researching and Understanding European Union Law

AALL Annual Meeting, Philadelphia, PA, July 23, 2011

Muslim Headscarves

• Muslim veils (BBC)

Introduction• Preliminary matters• In the beginning…• “

Researching the Right to Wear Religious Garb in Public Schools in Europe: The Muslim Headscarf Issue: Religion and International Human Rights Law and Policy” (Lyonette Louis-Jacques, July 8, 2004)(Turkey, France)

• Self-expression, personal identity• France’s ban on covering your face in public places went into effect April 11, 2011

(about 2000 women)• Belgium’s ban on covering your face in public goes into effect today, July 23, 2011 (270

women affected)• Penalising women who wear the burqa does not liberate them (Council of Europe,

Commissioner for Human Rights, July 20, 2011)• European rights official denounces burqa bans (July 20, 2011)• Religious freedom, privacy, personal identity/expression/choice v. state interest in

public safety, security, “values” of a democratic society, equality, non-discrimination, laïcité

European Union

EUReligions

Persecution

Key Instruments

EU Charter of Fundamental Rights

• Article 10 Freedom of thought, conscience and religion (see also Article 21 on non-discrimination, Article 22 on religious diversity, and the Charterpedia)

• Text 1. Everyone has the right to freedom of thought, conscience and

religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.

2. The right to conscientious objection is recognised in accordance with the national laws governing the exercise of this right.

Council of Europe, European Convention on Human Rights (ECHR)

• Article 9 Freedom of thought, conscience and religion (note that the EU is in the process of acceding to the CoE Convention)

• Text 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Universal Declaration of Human Rights

• Article 18 (United Nations UDHR)• Text

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

International Covenant on Civil and Political Rights (ICCPR)

• Article 18 (UN ICCPR)• Text

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Other Instruments• Employment Framework Directive (2000/78/EC)

(equal treatment in the workplace)• National constitutions (Venice Commission, gov’t

websites, Oceana/OUP, HeinOnline World Constitutions Illustrated, etc.

• National legislation and regulations (N-Lex, OSCE Legislationline, Globalex, Reynolds & Flores’ Foreign Law Guide, etc.)

• Sub-national laws (Länder, e.g.)• Local, municipal laws

Adjudicative Bodies

Overlapping Jurisdiction

• European Court of Justice (ECJ); see also the Fundamental Rights Agency (FRA)’s Case-law database)

• European Commission on Human Rights / European Court of Human Rights (ECHR); ECHR Country Factsheets, 1959-2010; see also Strasbourg Consortium resources)

• LexisNexis and Westlaw ECR/ECJ, ECHR/EHRR• National courts & administrative agencies• Constitutional courts (Venice Commission’s CODICES

constitutional case-law database)• United Nations human rights jurisprudence

European Court of Human Rights

OutwardDisplays

Crucifix

Italy

• Lautsi and others v. Italy (30814/06, 18 March 2011)(a crucifix in an Italian public school classroom is [a “passive symbol”] not incompatible with Article 9 of the Convention)

• Opposing commentary by Lorenzo Zucca• Selection of documents on the “Crucifix Case”

(European Center for Law & Justice)

Religious Dress

Switzerland

• Dahlab v. Switzerland (primary school teacher prohibited from wearing Islamic headscarf (hijab))

Proselytizing

Greece

• Kokkinakis v. Greece (Jehovah’s Witness convicted of proselytism, a manifestation of his religious belief)

Mosque/Minaret

Switzerland

• Ouardiri v. Switzerland (application no. 65840/09) and Ligue des Musulmans de Suisse and Others v. Switzerland (no. 66274/09)(Prohibition on building minarets in Switzerland - applications inadmissible as applicants not “victims” of a violation of the Convention)

LocatingBooks

Subject Headings• Church and state – Europe / European Union countries• Clothing and dress – Religious aspects• Cults – Law and legislation -- Europe• Freedom of religion – Europe / European Union countries• Hijab (Islamic Clothing) – Law and legislation• Human rights – Religious aspects• Islamophobia - Europe• Law – Europe – Religious aspects• Race discrimination – Europe – Religious aspects• Racism – Europe – Religious aspects• Religion and law – European Union countries• [religion/members] – Legal status, laws, etc. -- [European jurisdiction]• Religion and the state• Religious liberty• Religious minorities – European Union countries• Religious minorities – Law and legislation – Europe• [relevant instrument – e.g. Charter of Fundamental Rights]• “civil rights” / “European Economic Community countries”

Key Terms• “Freedom of religion”, “religious liberty”• “Religion”, “cult”, “sect”• “Margin of appreciation” doctrine• “Principle of proportionality”• “Principle of subsidiarity”• Intersectionality• “Burqa”, “burka”; “face veil”; “Islamic veil”;

“hijab”; “niqab”; headscarf; “Islamic dress”

Selected Books• Norman Doe, Law and Religion in Europe: A Comparative Introduction (OUP,

forthcoming October 2011)• Human Rights in Europe: Commentary on the Charter of Fundamental Rights of

the European Union (Carolina Academic Press, 2010)• Ronan McCrea, Religion and the public order of the European Union (OUP, 2010)• Dominic McGoldrick, Human Rights and Religion: The Islamic Headscarf Debate

in Europe (Hart, 2006).• Religion and Belief Discrimination in Employment: The EU Law (Lucy Vickers,

2007)• Kirsten Shoraka, Human Rights and Minority Rights in the European Union

(Routledge, 2010)• International Encyclopaedia of Laws: Religion (Kluwer Law International)• Major authors: Carolyn Evans, Malcolm Evans, W. Cole Durham, Jr., Silvio Ferrari,

John Witte, Jr., Gerhard Robbers, Norman Doe, etc.• Publishers: Brill, Peeters (church and state)

Current Awareness

Journals

• Berkeley Journal of Middle Eastern & Islamic Law• European Anti-Discrimination Law Review • European Journal for Church and State Research• Islamic Law and Society• Journal of Catholic Legal Studies• Journal of Islamic Law and Culture• Journal of Law and Religion• Journal of Religion and International Affairs• Muslim World Journal of Human Rights• Religion and Human Rights• UCLA Journal of Islamic and Near Eastern Law

Specialized Journal Indexes & Catalogs

• ECLAS (European Commission Libraries Catalogue)• ECHR Library Catalog• Peace Palace Library Catalogue• ATLA Religion• Standard legal periodicals indexes, databases• Non-law: JSTOR, Project Muse (Human Rights

Quarterly), IBZ, FRANCIS• WorldCat.org; European law library catalogs• Google Books, Google Scholar

Reports

• International Religious Freedom Report (annual)• TANDIS (Tolerance and Non-Discrimination

Information System; various reports on hate crimes, anti-semitism, Islamophobia, etc., in Europe)

• Religious Freedom in the World• Surveys of religion in Europe (e.g.

http://www.staff.hum.ku.dk/pluchau/inors/Religion_in_Europe_and%20US.pdf

• Religious Freedom (New Europe special edition)

News Sources

Strasbourg Consortium BBC News

Blogs

• ECHR Blog• Contending Modernities (Religious Freedom)• Chaire de Droit et Religion (Belgium)• Islamophobia Watch Blog• Religion Clause• Religion News Blog• Justia’s Blawgsearch; Google Blog Search• D’Angelo Law Library Blog

– Banned: Hiding Your Face in a French Public Place (September 19, 2010)

– The Burqa – “Mobile Prison” or a Woman’s Right? (July 25, 2010)

Twitter

• @CoEinBrussels• @councilofeurope• @echrnews• @EURightsAgency

People Resources

Organizations• Fundamental Rights Agency (FRA)• European Centre for Law and Justice (ECLJ,. “Christian-inspired” NGO)• European Consortium for Church and State Research• European Network of Legal Experts in the Non-Discrimination Field• International Center for Law and Religion Studies (W. Cole Durham,

Jr., Director, ICLRS, Brigham Young University)• International Consortium for Law and Religion Studies (ICLARS)• Organization for Security and Co-operation in Europe (OSCE),

Office for Democratic Institutions and Human Rights (ODIHR)• Pew Forum on Religion & Public Life• Religion and Law Consortium• Strasbourg Consortium (FORB in the ECHR)

Conclusion

• Researching religious freedom in European Union countries– Complex normative framework– Religious minorities, various– Language(s) of the multiple jurisdictions, religion,

law– Interdisciplinary, Intersectional

(race/gender/religion/ethnicity, immigrant-status)– Flux– People sources

Photo Credits• CC EU Religions: http://upload.wikimedia.org/wikipedia/commons/2/23/Europe_religion_map_en.png• CC “Persecution” (La Passion de Jeanne d’Arc):

http://www.flickr.com/photos/michaelrogers/3192703779/sizes/o/in/photostream/• CC Crucifix (Italy): http://www.flickr.com/photos/anna/373351252/sizes/z/in/photostream/• CC “Outward Displays” (Hindu Temple, Chariot Procession , London, UK): http://www.flickr.com/photos/velurajah/4871990214/• CC Hindu Temple (London, UK): http://www.flickr.com/photos/belowred/2075629821/• CC St. Thomas Aquinas (“Locating Books”): • http://upload.wikimedia.org/wikipedia/commons/3/35/Thomas_Aquinas_in_Stained_Glass.jpg• CC ECHR (“Adjudicative Bodies”): http://www.flickr.com/photos/ahxcjb/1172178280/• CC Mosque (Sweden): http://www.flickr.com/photos/khoogheem/122027294/• CC “Voile” (Veil, in Niqab/Hijab group): http://www.flickr.com/photos/jfgornet/4708585962/in/photostream/• CC Buddhism (Switzerland): http://buddhismswitzerland.org/wp-content/uploads/2011/04/3.jpg• Nike/Religious wear (photo by Lyonette Louis-Jacques – Table Mountain, Cape Town, South Africa)• CC “News Updates” (EU Eiffel Tower): http://www.flickr.com/photos/klmircea/2958139380/sizes/l/in/photostream/• CC EU Eiffel Tower: • http://www.flickr.com/photos/la_bretagne_a_paris/2625734757/sizes/l/in/photostream/• CC Germany (European Central Bank): http://www.flickr.com/photos/43102195@N08/4417740330/• CC United Kingdom (Women in London, Burqa): http://commons.wikimedia.org/wiki/File:Burqa_in_England_2007.jpg• CC St. Andrew’s Church (Kiev, Ukraine): http://www.flickr.com/photos/thisisbossi/3908506858/• CC “Key Instruments” (stack of German books): http://www.flickr.com/photos/formanella/253353932/sizes/z/in/photostream/• CC John The Evangelist: http://www.flickr.com/photos/12495774@N02/5775382253/in/photostream/• CC “Questions?” (Burka , London): http://www.flickr.com/photos/50576319@N05/5182201802/sizes/z/in/photostream/

Questions?

• Consult Research Guide and Bibliography• Contact Lyo Louis-Jacques