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Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression...
The development of an Area of Freedom, Security and Justice under the Third Pillar of the European Union has significantly increased the extent to which EU legal acts might be the subject of applications to the European Court of Human Rights in Strasbourg. In this article, the author argues that while the European Court of Justice in Luxembourg has historically taken care to ensure legal harmony in...
This paper argues that the EuropeanCourt of Human Rights couldserve as a model for an international court ofhuman rights to be builtupon the United Nations Committee on HumanRights. It argues that theconcerns states might have over the surrenderof a significant portion oftheir national sovereignity might be lessenedif such an internationalcourt were to incorporate the margin ofappreciation doctrine...
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