Journal ArticleDOI
Living Together in an Age of Religious Diversity: Lessons from Baby Loup and SAS
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TLDR
In this paper, the authors explore two recent decisions by the European Court of Human Rights and the French Cour de cassation respectively: SAS v France, a challenge to the French ban on the full face covering in the public space and Baby Loup, in which a private nursery employee was dismissed for refusing to remove her non-face covering Islamic veil.Abstract:
This article explores two recent decisions by the European Court of Human Rights and the French Cour de cassation respectively: SAS v France –a challenge to the French ban on the full-face covering in the public space and Baby Loup –in which a private nursery employee was dismissed for refusing to remove her non-face covering Islamic veil. This article demonstrates that whilst the two decisions share many features, the European Court of Human Rights only offers a semi-support to the French suspicions towards religion. Beyond French borders, the article argues that despite its flawed legal basis (the concept of living together) and its concerning use of proportionality tests, of discrimination protection and of margin of appreciation doctrine, the SAS judgment adopts a balanced approach which may pave the way for a less confrontational method of resolution of majority/minority conflicts over the place of religion in Europe.read more
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Dissertation
Neutralidad del Estado y protección de la autonomía religiosa en Europa
TL;DR: In particular, el deber de neutralidad religiosa entendido como criterio de actuacion de la actividad de los Estados in la gestion del hecho social religioso, cobra cada vez a mayor peso in la jurisprudencia del Tribunal Europeo de Derechos Humanos relacionada with the proteccion del derecho de libertad religiosas and de creencias.
Book ChapterDOI
International Courts As Inter-Legality Hubs
Yuval Shany,Yuval Shany +1 more
TL;DR: In this paper, the authors argue that the engagement of international courts and tribunals with the concept of inter-legality has often been superficial and that international courts adhere to an idiosyncratic set of interests which further complicates the relations between the competing regulatory frameworks.
Book ChapterDOI
Between or Beyond Legal Orders
TL;DR: In this article, the concept of legal order is reconsidered in light of the discussions of interlegality, and an interactional view of order may incorporate elements of systemic order in order to do justice to interlegal as a phenomenon of our legal world.
Book ChapterDOI
Global Law as Intercontextuality and as Interlegality
TL;DR: In this article, a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms is proposed.