Eroding the protection against discrimination

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Nieminen , K M 2019 , ' Eroding the protection against discrimination : The procedural and de-contextualized approach to S.A.S. v France ' International Journal of Discrimination and the Law , vol. 19 , no. 2 , pp. 69-88 . https://doi.org/10.1177/1358229119838457

Title: Eroding the protection against discrimination;
The procedural and de-contextualized approach to S.A.S. v France
Author: Nieminen, Kati Marjaana
Contributor: University of Helsinki, Institute of Criminology and Legal Policy
Belongs to series: International Journal of Discrimination and the Law
ISSN: 1358-2291
Abstract: 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.
URI: http://hdl.handle.net/10138/303292
Date: 2019-06-01
Subject: 513 Law
European Court of Human Rights
discrimination
Article 14 of the European Convention on Human Rights
racism
gender
Islam
full-face veil
head scarf
European court
human-rights
militant democracy
religious freedom
multiculturalism
racialization
politics
laicite
legal
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