31. Human rights

This chapter looks at human rights, analysing the structure and politics of human rights in the twenty-first century. In particular, the chapter examines the influence of liberal internationalism on human rights and how this is shaped by the legacies of colonialism, slavery, apartheid, and engagements with sexual, religious, and racial differences. The chapter encourages questions about whether rights are universal instruments of emancipation, or whether the rights are more complex, contradictory, and contingent in their functioning. The chapter also sets out the dominant understandings of human rights as progressive, universal, and based on a common human subject. Human rights advocates sometimes differ on the strategies to be adopted to address violations; these can have material, normative, and structural consequences that are not always empowering. These competing positions are illustrated through two case studies: one on the Islamic veil bans in Europe and the second on LGBT human rights interventions.

Islamic Veil: The Issue of Minors

An important aspect of the Albanian public debate on the exposure of religious symbols concerned minors. In fact, the proposed government law of 2011 was addressed to a category of public school education, that is, regarding students from kindergarten to secondary school. The Islamic veil was always at the center of the debate, but in this case the prohibition was justified as it was aimed at an age group that did not have the ability to make decisions and make choices independently, as in Muslim religion it is expected that a post-pubertal girl must wear a headscarf. In fact, in this case the decision-making passes to the parents, who have the right to educate their children according to the dictates of his own conscience. It is stressed that the same circumstance also applies to other religions, where the decision is always made by parents, such as baptism in the Catholic religion. In particular, the Article 24 of the Albanian Constitution, explicitly sanctions the freedom of each person to choose their belief and the prohibition that no one should be forced to participate in the life of a religious community or its practices. The question that arises in this case is whether this constitutional article also protects this category of subjects or only those who have reached the age of majority? The answer is complex and delicate, even to date the Albanian legislator has not remedied it since no one has appealed.Keyword: Albanian constitution, freedom of religion, religious symbols, Islamic headscarf, the right to educate your own children.

Unfamiliar Worlds

Drawing more deeply than previous chapters on literary texts, including novels by Mouloud Feraoun, Albert Memmi, Mohammed Dib and above all Assia Djebar, this chapter explores some of the experiences offered to ‘colonized’ students in colonial schools. It emphasizes the unfamiliarity of French culture to many Algerians and other colonized populations, and the tendency of French/colonial schools to discriminate against their ‘colonial’ students and to leave them with feelings of deracination and alienation. Through Djebar it examines in detail a particular example of how a French/colonial education alienated – and politicized – female students from a Muslim background. That example, I suggest, raises wider questions about the relationship between lat瞼‎(secularism, especially in education), Islam and French Republicanism, an issue that is repeatedly invoked in debates today around gender equality and the Islamic veil in French education, and is also pertinent to post-independence Algeria. [142]

Anti-discrimination law, religious freedom and relations between individuals in European Union Law

Following two cases of the dismissal of Muslim women workers for wearing the Islamic veil at the workplace, the Court of Justice has analyzed the impact of anti-discrimination law on religious freedom and freedom of enterprise. In the present work, departing from the analysis of the Judgments of the Luxembourg Court examines the Court’s position on some relevant issues of the theory of fundamental rights, especially the question about their horizontal effect.Received: 18 July 2017Accepted: 28 November 2017Published online: 27 December 2017