scholarly journals Gender Equality Jurisprudence of the European Court of Human Rights

2008 ◽  
Vol 19 (4) ◽  
pp. 841-857 ◽  
Author(s):  
I. Radacic
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
European Court

Muslim Reformists, Female Citizenship, and the Public Accommodation of Islam in Liberal Democracy

2012 ◽  
Vol 5 (1) ◽  
pp. 2-35 ◽  
Author(s):  
Mohammad Fadel
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Islamic Law ◽  
European Convention ◽  
Political Equality ◽  
The Public ◽  
European Court ◽  
Margin Of Appreciation ◽  
Gender Hierarchy ◽  
Normative Justification

AbstractThe European Court of Human Rights (ECHR), in a trilogy of cases involving Muslim claimants, has granted state parties to the European Convention on Human Rights a wide margin of appreciation with respect to the regulation of public manifestations of Islam. The ECHR has justified its decisions in these cases on the grounds that Islamic symbols, such as the ḥijāb, or Muslim commitments to the shari‘a — Islamic law — are inconsistent with the democratic order of Europe. This article raises the question of what kinds of commitments to gender equality and democratic decision-making are sufficient for a democratic order, and whether modernist Islamic teachings manifest a satisfactory normative commitment in this regard. It uses the arguments of two modern Muslim reformist scholars — Yūsuf al-Qaraḍāwī and ‘Abd al-Ḥalīm Abū Shuqqa — as evidence to argue that if the relevant degree of commitment to gender equality is understood from the perspective of political rather than comprehensive liberalism, doctrines such as those elaborated by these two religious scholars evidence sufficient commitment to the value of political equality between men and women. This makes less plausible the ECHR's arguments justifying a different treatment of Muslims on account of alleged Islamic commitments to gender hierarchy. It also argues that in light of Muslim modernist conceptions of the shari‘a, there is no normative justification to conclude that faithfulness to the shari‘a entails a categorical rejection of democracy as the ECHR suggested.

scholarly journals A Critical Assessment of Turkey’s Positive Obligations in Combatting Violence against Women: Looking behind the Judgments

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Devran Gülel
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Gender Equality ◽  
Violence Against Women ◽  
Critical Assessment ◽  
Due Diligence ◽  
European Court ◽  
Regional Organisations ◽  
The Government ◽  
Istanbul Convention

Abstract After almost two decades in power, R. T. Erdoğan and his Justice and Development Party (AKP) have established authoritarian and Islamist governance in Turkey, which has adversely affected gender equality and women’s rights. So much so, that in 2009 the European Court of Human Rights acknowledged that there is a climate conducive to domestic violence in Turkey (Opuz v. Turkey). Despite Erdoğan withdrawing Turkey unconstitutionally from the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), the government cannot withdraw from the state’s duty to protect its citizens from the criminal acts of private individuals. By using international and regional organisations’ approaches to positive obligations and due diligence as a measure, the article addresses whether Turkey is fulfilling its duty of protecting women from the violent conduct of others. It is concluded that the government is failing in its positive obligations and instead, is reinforcing the climate through its discourse and practices that strengthen a national tolerance of violence against women and the national authorities’ reluctance to address it, thus allowing for impunity of its perpetrators.

scholarly journals Influence of the European Court of Human Rights Practice on the Implementation of the Principle of Gender Equality in Ukraine

2021 ◽  
pp. 17-30
Author(s):  
Yurii Voloshyn ◽  
Nataliia Mushak
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Gender Discrimination ◽  
Equal Rights ◽  
Council Of Europe ◽  
European Court ◽  
Participation Of Women ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
And Gender

The article analyses the modern court decisions of the European Court of Human Rights on the formation and implementation of the principle of gender equality in Ukraine. The research defines that the importance of ensuring equal rights and opportunities for women and men for Ukraine was because Ukraine is a member of all major international and European regional agreements in the field of human rights. The authors state that this is due both to Ukraine's general commitments to promoting respect for human rights and fundamental freedoms and their adherence, as well as the fact that its participation in European integration processes is important for Ukraine. The research stipulates that gender equality provides equal rights for women and men, as well as their same significance, opportunities, responsibilities and participation in all spheres of public and private life. The authors prove that the pioneering work of the Council of Europe in the field of human rights and gender equality contributed to the development of a comprehensive legal framework. Gender equality is one of the organization's priority areas of activity, and the Council of Europe continues to actively address current and emerging challenges and address barriers to achieving real and complete gender equality. The research investigates the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol No12 in terms of prohibition of discrimination and ensuring gender equality. It also determines that the conceptual principles of these documents are the protection of human rights, support for democracy and ensuring the principle of the rule of law. The article states that, in particular, the modern legal instrument in the field of gender equality is the Council of Europe's Gender Equality Strategy 2018–2023. The document provides for the achievement of the main six goals. These include combating gender stereotypes and gender discrimination; preventing and combating violence against women; ensuring equal access of women to justice; ensuring equal participation of women and men in political and public decision-making; implementation of the strategy for achieving gender equality in politics and all activities; protection of the rights of migrants, refugees, women and girls seeking asylum. The authors prove that the establishment of the European value of gender equality should be ensured both in society as a whole and in its various institutions, in particular. This is primarily to prevent gender discrimination, ensure equal participation of women and men in making socially important decisions, ensuring equal opportunities for women and men to combine professional and family responsibilities, prevent gender violence, etc. Keywords: Gender Equality, European Standards, Legal Mechanism, European Court of Human Rights, Discrimination, Equal Rights.

scholarly journals Reconciling Pluralistic Democracy and Religious Freedom in European Human Rights Law: A Jurisprudential Balance in Search of Principles

2019 ◽  
Vol 14 (3) ◽  
pp. 169-203
Author(s):  
Roberto Buonamano
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Religious Freedom ◽  
Public Order ◽  
Human Rights Law ◽  
State Neutrality ◽  
European Court ◽  
Margin Of Appreciation ◽  
Minimum Requirements ◽  
The Relationship

Abstract This article examines some of the structural and systemic issues associated with the relationship between pluralistic democracy and religious freedom within the jurisprudence of the European Court of Human Rights. These include the problematic aspects of the doctrine of State neutrality, and the function of secularism in the understanding of “democratic society”. It assesses the principal jurisprudential mechanisms utilised in religious freedom cases—namely, the notion of “public order”, the association of secularism with gender equality, the principles of the “minimum requirements of life in society”, and the margin of appreciation in the context of democratic legitimation. As the article demonstrates, the Court’s approach to negotiating the appropriate balance between pluralistic democracy and religious rights is marred by a reluctance to clearly elucidate the principles involved in the implementation of democratic values under the Convention when considering the means of protecting and limiting the freedom of religion.

The Islamic Veil and its Discontents: How Do They Undermine Gender Equality

2012 ◽  
Vol 7 (1) ◽  
pp. 11-29 ◽  
Author(s):  
Ekaterina Yahyaoui Krivenko
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Public Spaces ◽  
Women's Status ◽  
Point Of View ◽  
The West ◽  
European Court ◽  
The Law ◽  
Full Face ◽  
Islamic Veil

Abstract The article addresses the use of notions of gender equality and non-discrimination in the discussions concerning the practice of Islamic veiling by the European Court of Human Rights as well as by French authorities in relation to the recent adoption of the law banning full face veils in public spaces in France. The author argues that the use of the rhetoric of gender equality without the required knowledge and understanding of the justifications for and discussions about this practice existing within Islam is in both cases very inadequate and leads to results opposite to those they intended to promote. Based on insights into the discussions of Muslims about the practice of veiling the author makes some proposals for a more adequate approach to this practice both from the point of view of women’s status as well as from the point of view of relationship between Islam and the West.

Religious Symbols in Educational Institutions: Jurisprudence of the European Court of Human Rights

2012 ◽  
Vol 7 (2) ◽  
pp. 133-149
Author(s):  
Ivana Radačić
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
The State ◽  
Educational Institutions ◽  
Religious Symbols ◽  
Islamic Headscarf ◽  
European Court ◽  
Political Controversy

Abstract The issue of religious symbols in educational institutions has been a source of vigorous legal and political controversy. Two types of cases have been litigated before the European Court of Human Rights: those concerning the wearing of the Islamic headscarf in schools and universities, and those concerning the presence of the crucifix in school classrooms. In this article, I shall analyse these cases, assessing how the Court balances different rights and State interests, focusing in particular on the Court’s interpretation of the principles of neutrality/secularism and of gender equality. I shall criticise the Court’s deference to the State, arguing that it should more strictly supervise how States respect human rights. Respect for human rights requires that the States respect individual’s religious freedoms, be autonomous from the religion and safeguard the principle of plurality. While the Court has proclaimed these principles, it has failed to apply them in these cases.

scholarly journals Gender Equality Principle: Application in ECtHR’s Practice

2021 ◽  
Vol 9 (1) ◽  
pp. 83-95
Author(s):  
Svitlana Karvatska ◽  
Ivan Toronchuk ◽  
Alyona Manyk
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Gender Discrimination ◽  
European Convention ◽  
Council Of Europe ◽  
Distinctive Features ◽  
Judicial Practice ◽  
European Court ◽  
Margin Of Appreciation ◽  
The One

The article is devoted to analyzing the decisions of the European Court of Human Rights (ECtHR), which concerned the issue of gender equality, distinctive features of the application of a gender equality principle by the ECtHR. Based on a study of ECtHR's rulings, it is noted that the concept of gender equality as one of the objectives of the Council of Europe has been applied by the ECtHR since the early 1990s. The ECtHR's approaches to dealing with gender equality cases are characterized both through the prism of non-discrimination (applying Article 14 of the European Convention on Human Rights in combination with other articles) and through complaints about violations of rights guaranteed by other ECHR articles. The analysis shows that, on the one hand, ECtHR emphasizes that gender equality is considered as one of the critical principles of the ECHR. However, on the other hand, significant difficulty in gender discrimination cases is the Court's possibility to refuse to analyze the case in the context of Article 14th content of the Convention. The possibility of giving the Court to states a vast margin of appreciation in determining domestic policies on gender equality is ambiguously manifested in judicial practice. The conclusion states that the need to ensure gender equality can be considered by the ECtHR as a legitimate aim and can serve as an appropriate basis for interfering with the exercise of certain rights and freedoms enshrined in the Convention.

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