Double Standards? Veils and Crucifixes in the European Legal Order

Joppke, Christian Georg (2013). Double Standards? Veils and Crucifixes in the European Legal Order. European Journal of sociology, 54(1), pp. 97-123. Cambridge University Press 10.1017/S0003975613000040

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Comparing the treatment of Islamic veils and Christian crucifixes by the European Court of Human Rights, this paper re-examines the charge of “double standards” on the part of this guardian of the European legal order, which is seen as disadvantaging Islam and favoring Christianity. While this is proved partially correct, the paper calls for a more differentiated treatment of the issue. For one, there is a modicum of consistency in the European Court’s decisions, because they are all meant to further “pluralism”. Only, Islam and Christianity fare differently in this respect, as “threat” to and “affirmation” of pluralism, respectively. This distinction hinges on Islam’s compatibility with the liberal-secular order, on which the jury is out. A possible way out of the “pluralism v. pluralism” dilemma, I argue, is signaled in the European Court’s recent decision in Lautsi v. Italy (2011), which pairs a preference for “culturalized” Christianity with robust minority pluralism.

Item Type:

Journal Article (Original Article)

Division/Institute:

03 Faculty of Business, Economics and Social Sciences > Social Sciences > Institute of Sociology

UniBE Contributor:

Joppke, Christian Georg

Subjects:

300 Social sciences, sociology & anthropology

ISSN:

0003-9756

Publisher:

Cambridge University Press

Language:

English

Submitter:

Mahboob Hasan

Date Deposited:

23 May 2014 15:17

Last Modified:

28 Apr 2018 02:31

Publisher DOI:

10.1017/S0003975613000040

BORIS DOI:

10.7892/boris.43113

URI:

https://boris.unibe.ch/id/eprint/43113

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