Browsing by Subject "militant democracy"

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  • Nieminen, Kati Marjaana (2019)
    Can human rights law adequately address implicit modes of racism and gender discrimination? This question is discussed in this article through the analysis of the European Court of Human Rights case S.A.S. v. France (2014) concerning the ban on the Islamic full-face veil. The so-called ‘headscarf cases’ have been thoroughly discussed by many scholars, yet they seem to offer an endless source of different points of view. Departing from the previous discussion on the headscarf and full-face veil cases, which have largely concentrated on the questions of personal autonomy, identity and subjectivity, this article approaches S.A.S. v. France from the point of view of discrimination. It is suggested that the Court’s procedural and de-contextualized approach to rights results in eroding the protection against discrimination. Procedural approach refers to the Court’s tendency to emphasize procedural aspects of the Convention rights and not to engage sufficiently with substantive analysis. The de-contextual approach to rights on the other hand refers to lack of sensitivity to empirical information concerning the facts of the case at hand. Together the procedural and de-contextual approaches inadvertently erode the protection against discrimination of vulnerable groups, such as Muslim immigrant women.
  • Strang, Johan (2019)
    It is often argued that the Scandinavian post-war period was marked by a democratic optimism that contrasts with the deep concerns for the inherent dangers of popular sovereignty and the thorough moral reconsideration that took place on the European continent in the wake of World War II. This article seeks to balance this view by exploring what Scandinavian intellectuals believed had caused the collapse of democracy in Europe in the 1930s and what they saw as the main threats to democracy in the emerging post-war societies. Focusing on the fears of socialist planning, concerns about the position of individual rights and freedoms in modern societies, and the anxieties concerning the secular total state, the article suggests that the Scandinavian post-war democratic settlement was indeed built around a different set of ideas from those evident in many other places in Europe, but that it was no less informed by recent historical experiences or concerns for the fragility of democracy.