On April 9th, 2024, the European Court of Human Rights (ECtHR) delivered its judgment concerning Belgium’s Hijab (Headscarf) ban on wearing visible religious symbols in Schools. The Court, following its previous notorious trial of SAS v. France, continued to allow the creeping erosion of the right to manifest religion under Article 9 of the European Convention of Human Rights (‘ECHR’) by deferring to the State’s margin of appreciation. This decision in the Mikyas case, involving three Muslim women who wear the Islamic veil and attend secondary schools in the Flemish Community's official education system, has once again raised concerns about the Court's approach to religious freedom and its failure to adequately address issues of indirect discrimination, intersectionality, and the right to education in the context of religious expression.
Prohibition of Discrimination
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ICJ Delivers Advisory Opinion on the Legality of Israel’s Occupation of Palestinian Territories
Yesterday, the International Court of Justice delivered its groundbreaking advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. (The Court’s opinion and all of the individual opinions of the judges are available here.) The bottom line of the AO is that the…
State and Corporate Homophobia: A Commentary on the Olivera Fuentes v. Peru case
On 11 April 2023, the Inter-American Court of Human Rights (“the Court”) published its long-awaited ruling in the Olivera Fuentes v. Peru case. The decision holds personal significance to Crissthian Olivera, a pioneering defender of LGBTIQ+ rights in Latin America, as it was the culmination of a 19-year journey to deliver justice following discrimination he…
The Caster Semenya Judgment of the ECtHR: Why It Should Not be the Final Whistle?
The legal marathon of Caster Semenya against regulations of the sport governing body (SGB) overseeing athletics has emerged as one of the most contentious legal battles, reaching the pinnacle of the European human rights framework. Semenya is a South African runner with naturally higher testosterone levels than other females. She refused to submit herself to World…
Basu v. Germany and Muhammad v. Spain: Why the first European Court of Human Rights’ judgments on racial profiling in identity checks are disappointing
Racial profiling by the police is a mounting concern in Europe. It has been defined by the European Commission against Racism and Intolerance (ECRI) as “the use by the police, with no objective or reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin in control, surveillance or investigation activities” (ECRI…
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