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This book examines the issues and tensions aroused by wearing religious dress by considering questions of language, meaning and symbolism.
Hilal Elver offers an in-depth study of the escalating controversy over the right of Muslim women to wear headscarves. Examining legal and political debates in Turkey, several European countries including France and Germany, and the United States, Elver shows the troubling exclusion of pious Muslim women from the public sphere in the name of secularism, democracy, liberalism, and women's rights. After evaluating political actions and court decisions from the national level of individual governments to the international sphere of the European Court of Human Rights, Elver concludes that judges and legislators are increasingly influenced by social pressures concerning immigration and multiculturalism, and by issues such as Islamophobia, the "war on terror," and security concerns. She shows how these influences have resulted in a failure on the part of many Western governments to recognize and protect essential individual freedoms. Employing a critical legal theory perspective to the headscarf controversy, Elver argues that law can be used to change underlying social conditions shaping the role of religion, and also the position of women in modern society. The Headscarf Controversy demonstrates how changes in law across nations can be used to restore state commitments to human rights.
This book analyzes the implication of secular/liberal values in Western and human rights law and its impact on Muslim women. It offers an innovative reading of the tension between the religious and secular spheres. The author does not view the two as binary opposites. Rather, she believes they are twin categories that define specific forms of lives as well as a specific notion of womanhood. This divergence from the usual dichotomy opens the doors for a reinterpretation of secularism in contemporary Europe. This method also helps readers to view the study of religion vs. secularism in a new light. It allows for a better understanding of the challenges that contemporary Europe now faces regarding the accommodation of different religious identities. For instance, one entire section of the book concerns the practice of veiling and explores the contentious headscarf debate. It features case studies from Germany, France, and the UK. In addition, the analysis combines a wide range of disciplines and employs an integrated, comparative, and inter-disciplinary approach. The author successfully brings together arguments from different fields with a comparative legal and political analysis of Western and Islamic law and politics. This innovative study appeals to students and researchers while offering an important contribution to the debate over the role of religion in contemporary secular Europe and its impact on women’s rights and gender equality.
A classic anthology of writings on the legal status and lived experiences of women of color Now in its second edition, the acclaimed anthology Critical Race Feminism presents over 40 readings on the legal status of women of color by leading authors and scholars such as Anita Hill, Lani Guinier, Kathleen Neal Cleaver, and Angela Harris. The collection gives voice to Black, Latina, Asian, Native American, and Arab women, and explores both straight and queer perspectives. Both a forceful statement and a platform for change, the anthology addresses an ambitious range of subjects, from life in the workplace and motherhood to sexual harassment, domestic violence, and other criminal justice issues. Extending beyond national borders, the volume tackles global issues such as the rights of Muslim women, immigration, multiculturalism, and global capitalism. Revealing how the historical experiences and contemporary realities of women of color are profoundly influenced by a legacy of racism and sexism that is neither linear nor logical, Critical Race Feminism serves up a panoramic perspective, illustrating how women of color can find strength in the face of oppression.
As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.
This text explains why the French government decided to ban religious clothing from public schools and why the 2004 law, which targeted Islamic headscarves, created such a fury.
The report presents available data on discrimination affecting Muslims in employment, education and housing. Manifestations of Islamophobia range from verbal threats through to physical attacks on people and property. The report stresses that the extent and nature of discrimination and Islamophobic incidents against European Muslims remain under-documented and under-reported.
In 2004, the French government instituted a ban on the wearing of "conspicuous signs" of religious affiliation in public schools. Though the ban applies to everyone, it is aimed at Muslim girls wearing headscarves. Proponents of the law insist it upholds France's values of secular liberalism and regard the headscarf as symbolic of Islam's resistance to modernity. The Politics of the Veil is an explosive refutation of this view, one that bears important implications for us all. Joan Wallach Scott, the renowned pioneer of gender studies, argues that the law is symptomatic of France's failure to integrate its former colonial subjects as full citizens. She examines the long history of racism behind the law as well as the ideological barriers thrown up against Muslim assimilation. She emphasizes the conflicting approaches to sexuality that lie at the heart of the debate--how French supporters of the ban view sexual openness as the standard for normalcy, emancipation, and individuality, and the sexual modesty implicit in the headscarf as proof that Muslims can never become fully French. Scott maintains that the law, far from reconciling religious and ethnic differences, only exacerbates them. She shows how the insistence on homogeneity is no longer feasible for France--or the West in general--and how it creates the very "clash of civilizations" said to be at the root of these tensions. The Politics of the Veil calls for a new vision of community where common ground is found amid our differences, and where the embracing of diversity--not its suppression--is recognized as the best path to social harmony.
This book analyzes the place of the new Muslim minorities in society within the European Union. The authors explore the root causes of rising tensions and conflict between the new immigrant population and native Europeans over issues of Muslim identity, Islamist doctrines, and Islamophobia. They also provide integration models for the various EU countries and discuss the short- and long-range problems caused by socioeconomic discrimination against Muslims. Contributors include Imane Karich (International Crisis Group, Brussels), Isabelle Rigoni (Paris VIII University), Sara Silvestri (Cambridge University and City University, London), Valeria Amiraux (European University Institute, Florence), Chris Allen (University of Birmingham, UK), Tufyal Choudhury (Durham University, UK), and Bernard Godard (Ministry of Interior, Paris).
