Human Rights Cases on Muslim Headgear The veil that reveals…

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Presentation transcript:

Human Rights Cases on Muslim Headgear The veil that reveals…

Art.3 – Prohibition of torture Art.8 – Right to private and family life Art.9 – Freedom of thought, conscience and religion Art.10 – Freedom of expression Art.11 – Freedom of association Art.14 – Non discrimination

CASE: R. v D[2013] Eq. L.R FACTS OF CASE Female defendant on trial Charged with single count of witness intimidation Alleged crime was committed whilst wearing niqab

R (Begum) v Governors of Denbigh High School 2006 UKHL 15 FACTS OF CASE Shabina Begum was pupil at school Asked to wear jilbab at school School said it did not comply with uniform

The shade of the veil in Spain Freedom of religion guaranteed Little legal regulation Catalonia vs The Supreme

Chadia case FACTS OF CASE First Spanish girl Prohibition & Proselytism Image of radicalism

Italy’s position Freedom of religion (art.19 Cost.) Prohibition of the use of protective helmets, or any other means, acts to make difficult the recognition of the person, in public place without justification. (art.5 l. 152/1975)

Mayor’s abuse of power Public security?

Situation in Germany The freedom of religion (art.4 I, II GG) No construction of the Koran through a neutral state Liberal construction of art. 4 GG Only basic rights of other people and other rights of constitutional status

Explanation Equal treatment Human dignity Exceptions School Identity verification ban on wearing face coverings No comprehensive prohibition  No comprehensive prohibition