French Headgear

Robert O'Brien obrien at wvwc.edu
Thu Jan 22 16:58:55 PST 2004


These two cases are discussed in section 2.1 of the Stasi Report.

Bob O'Brien


----- Original Message ----- 
From: "Francisco Martin" <ricenter at igc.org>
To: "Law & Religion issues for Law Academics" <religionlaw at lists.ucla.edu>
Sent: Thursday, January 22, 2004 4:02 PM
Subject: RE: French Headgear


>
> I am not sure about the German case, but the ECtHR in Dahlab v.
Switzerland
> held that the Swiss government's prohibition of an elementary school
> teacher wearing an Islamic headscarf was not a violation of the right to
> religious expression under article 9, ECHR.  Also, I believe that the
ECtHR
> also upheld the Turkish government's prohibition of Islamic university
> students wearing headscarfs in Refah Partisi v. Turkey.
>
> Francisco Forrest Martin
>
> > [Original Message]
> > From: AJCONGRESS <mstern at ajcongress.org>
> > To: Law & Religion issues for Law Academics <religionlaw at lists.ucla.edu>
> > Date: 1/22/2004 12:36:05 PM
> > Subject: RE: French Headgear
> >
> > I have to check, but I believe the court ahs already upheld scarf
> > restrictions in the public schools (in Germany). It ahs also upheld an
> Irish
> > ban on religious advertisements on radio on the ground that such might
> > disturb the peace. And it upheld the banning of a Turkish party that
> sought
> > to inject Islamic values into the state on the ground that the existence
> of
> > the party threatened the secular nature of the state. And they dismissed
> as
> > almost trivial an appeal from a criminal conviction for refusing on
moral
> > and religious grounds to sell contraceptives .It is not exactly a
> hospitable
> > tribunal for religious folks.
> > Marc Stern
> > IN regard to the  common European criticism that American lawyers and
> courts
> > are parochial in not taking into account foreign material it is worth
> noting
> > that the Decision in the Irish radio cases(Murphy) which involved plain
> > viewpoint discrimination) cites not a single American cases, despite the
> > prominence of viewpoint discrimination in American First Amendment law
> >
> > -----Original Message-----
> > From: religionlaw-bounces at lists.ucla.edu
> > [mailto:religionlaw-bounces at lists.ucla.edu]On Behalf Of Rick Duncan
> > Sent: Thursday, January 22, 2004 12:22 PM
> > To: Law & Religion issues for Law Academics
> > Subject: Re: French Headgear
> >
> > By the way, is the French proposal vulnerable under
> > any notion of religious liberty recognized by the
> > European Court of Human Rights? Does anyone know if
> > there are any  cases that might suggest that religious
> > students in France may not be targeted by
> > discriminatory dress codes banning religious
> > clotheing?
> >
> > Cheers, Rick Duncan
> >
> >
> >
> > =====
> > Rick Duncan
> > Welpton Professor of Law
> > University of Nebraska College of Law
> > Lincoln, NE 68583-0902
> >
> > "The marriage of Marxism and feminism has been like the marriage of
> husband
> > and wife depicted in English common law: Marxism and feminism are one,
and
> > that one is Marxism." --Heidi Hartmann
> >
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>
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