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Extreme Speech and Democracy$
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Ivan Hare and James Weinstein

Print publication date: 2009

Print ISBN-13: 9780199548781

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199548781.001.0001

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Extreme Religious Dress: Perspectives on Veiling Controversies

Extreme Religious Dress: Perspectives on Veiling Controversies

(p.400) 20 Extreme Religious Dress: Perspectives on Veiling Controversies
Extreme Speech and Democracy

Dominic McGoldrick

Oxford University Press

This chapter examines ‘extreme religious dress’, in particular, the wearing of the Islamic headscarf-hijab in jurisdictions across the world. The focus is predominantly a legal one that seeks to apply human rights standards and categorizations. Section 2 considers the relationships between speech and religious dress. Section 3 examines how headscarf-hijab cases have been, and can be, constructed in terms of international human rights law, individual and group identities and the human right to freedom of religion. Section 4 considers the narrower educational context. Section 5 considers the issue from religious, race, and gender discrimination perspectives. Section 6 widens the perspective to embrace fundamental values of autonomy and consent. Section 7 notes the role of the margin of appreciation in explaining human rights outcomes. Finally, Section 8 locates the importance of religious dress issues, and in particular that of the Islamic headscarf-hijab, within broader contemporary political and philosophical debates.

Keywords:   headscarf, hijab, Islamic, human rights, religion

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