The document discusses the complex landscape of religious freedom in the European Union, focusing on various legal frameworks and notable cases related to the wearing of religious garments, particularly the Muslim headscarf. It highlights conflicts between individual expression and state interests, such as public safety and equality, as seen in the bans on burqas in France and Belgium. Additionally, it outlines key legal instruments and human rights laws that protect religious freedoms, while pointing to significant case law and resources for further research.

1. Religious Freedom in the EUby Lyonette Louis-JacquesD’Angelo Law Library, University of Chicago Law Schoolllou@uchicago.eduW-4: Researching and Understanding European Union Law AALL Annual Meeting, Philadelphia, PA, July 23, 2011

2. Muslim HeadscarvesMuslim veils (BBC)

3. IntroductionPreliminary mattersIn the beginning…“Researching the Right to Wear Religious Garb in Public Schools in Europe: The Muslim Headscarf Issue: Religion and International Human Rights Law and Policy” (Lyonette Louis-Jacques, July 8, 2004)(Turkey, France)Self-expression, personal identityFrance’s ban on covering your face in public places went into effect April 11, 2011 (about 2000 women)Belgium’s ban on covering your face in public goes into effect today, July 23, 2011 (270 women affected)Penalising women who wear the burqa does not liberate them (Council of Europe, Commissioner for Human Rights, July 20, 2011)European rights official denounces burqa bans (July 20, 2011)Religious freedom, privacy, personal identity/expression/choice v. state interest in public safety, security, “values” of a democratic society, equality, non-discrimination, laïcité

4. European Union

5. EUReligions

6. Persecution

7. Key Instruments

8. EU Charter of Fundamental RightsArticle 10 Freedom of thought, conscience and religion (see also Article 21 on non-discrimination, Article 22 on religious diversity, and the Charterpedia)Text1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.2. The right to conscientious objection is recognised in accordance with the national laws governing the exercise of this right.

9. Council of Europe, European Convention on Human Rights (ECHR)Article 9 Freedom of thought, conscience and religion (note that the EU is in the process of acceding to the CoE Convention)Text 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

10. Universal Declaration of Human RightsArticle 18 (United Nations UDHR)TextEveryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

11. International Covenant on Civil and Political Rights (ICCPR)Article 18 (UN ICCPR)Text 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

12. Other InstrumentsEmployment Framework Directive (2000/78/EC)(equal treatment in the workplace)National constitutions (Venice Commission, gov’t websites, Oceana/OUP, HeinOnline World Constitutions Illustrated, etc.National legislation and regulations (N-Lex, OSCE Legislationline, Globalex, Reynolds & Flores’ Foreign Law Guide, etc.)Sub-national laws (Länder, e.g.)Local, municipal laws

13. Adjudicative Bodies

14. Overlapping JurisdictionEuropean Court of Justice (ECJ); see also the Fundamental Rights Agency (FRA)’s Case-law database)European Commission on Human Rights / European Court of Human Rights (ECHR); ECHR Country Factsheets, 1959-2010; see also Strasbourg Consortium resources)LexisNexis and Westlaw ECR/ECJ, ECHR/EHRRNational courts & administrative agenciesConstitutional courts (Venice Commission’s CODICES constitutional case-law database)United Nations human rights jurisprudence

15. European Court of Human Rights

16. OutwardDisplays

17. Crucifix

18. ItalyLautsi and others v. Italy(30814/06, 18 March 2011)(a crucifix in an Italian public school classroom is [a “passive symbol”] not incompatible with Article 9 of the Convention)Opposing commentary by Lorenzo ZuccaSelection of documents on the “Crucifix Case” (European Center for Law & Justice)

19. Religious Dress

20. SwitzerlandDahlab v. Switzerland (primary school teacher prohibited from wearing Islamic headscarf (hijab))

21. Proselytizing

22. GreeceKokkinakis v. Greece (Jehovah’s Witness convicted of proselytism, a manifestation of his religious belief)

23. Mosque/Minaret

24. SwitzerlandOuardiri v. Switzerland (application no. 65840/09) and Ligue des Musulmans de Suisse and Others v. Switzerland(no. 66274/09) (Prohibition on building minarets in Switzerland - applications inadmissible as applicants not “victims” of a violation of the Convention)

25. LocatingBooks

26. Subject HeadingsChurch and state – Europe / European Union countriesClothing and dress – Religious aspectsCults – Law and legislation -- EuropeFreedom of religion – Europe / European Union countriesHijab (Islamic Clothing) – Law and legislationHuman rights – Religious aspectsIslamophobia - EuropeLaw – Europe – Religious aspectsRace discrimination – Europe – Religious aspectsRacism – Europe – Religious aspectsReligion and law – European Union countries[religion/members] – Legal status, laws, etc. -- [European jurisdiction]Religion and the stateReligious libertyReligious minorities – European Union countriesReligious minorities – Law and legislation – Europe[relevant instrument – e.g. Charter of Fundamental Rights]“civil rights” / “European Economic Community countries”

27. Key Terms“Freedom of religion”, “religious liberty”“Religion”, “cult”, “sect”“Margin of appreciation” doctrine“Principle of proportionality”“Principle of subsidiarity”Intersectionality“Burqa”, “burka”; “face veil”; “Islamic veil”; “hijab”; “niqab”; headscarf; “Islamic dress”

29. Selected BooksNorman Doe, Law and Religion in Europe: A Comparative Introduction(OUP, forthcoming October 2011)Human Rights in Europe: Commentary on the Charter of Fundamental Rights of the European Union (Carolina Academic Press, 2010)Ronan McCrea, Religion and the public order of the European Union (OUP, 2010)Dominic McGoldrick, Human Rights and Religion: The Islamic Headscarf Debate in Europe (Hart, 2006).Religion and Belief Discrimination in Employment: The EU Law (Lucy Vickers, 2007)Kirsten Shoraka, Human Rights and Minority Rights in the European Union (Routledge, 2010)International Encyclopaedia of Laws: Religion (Kluwer Law International)Major authors: Carolyn Evans, Malcolm Evans, W. Cole Durham, Jr., Silvio Ferrari, John Witte, Jr., Gerhard Robbers, Norman Doe, etc.Publishers: Brill, Peeters (church and state)

30. Current Awareness

31. JournalsBerkeley Journal of Middle Eastern & Islamic LawEuropean Anti-Discrimination Law Review European Journal for Church and State ResearchIslamic Law and SocietyJournal of Catholic Legal StudiesJournal of Islamic Law and CultureJournal of Law and ReligionJournal of Religion and International AffairsMuslim World Journal of Human RightsReligion and Human RightsUCLA Journal of Islamic and Near Eastern Law

32. Specialized Journal Indexes & CatalogsECLAS (European Commission Libraries Catalogue)ECHR Library CatalogPeace Palace Library CatalogueATLA ReligionStandard legal periodicals indexes, databasesNon-law: JSTOR, Project Muse (Human Rights Quarterly), IBZ, FRANCISWorldCat.org; European law library catalogsGoogle Books, Google Scholar

34. ReportsInternational Religious Freedom Report (annual)TANDIS (Tolerance and Non-Discrimination Information System; various reports on hate crimes, anti-semitism, Islamophobia, etc., in Europe)Religious Freedom in the WorldSurveys of religion in Europe (e.g. http://www.staff.hum.ku.dk/pluchau/inors/Religion_in_Europe_and%20US.pdfReligious Freedom (New Europe special edition)

35. News SourcesStrasbourg ConsortiumBBC News

36. BlogsECHR BlogContending Modernities(Religious Freedom)Chaire de Droit et Religion (Belgium)Islamophobia Watch BlogReligion ClauseReligion News BlogJustia’sBlawgsearch; Google Blog SearchD’Angelo Law Library BlogBanned: Hiding Your Face in a French Public Place (September 19, 2010)The Burqa – “Mobile Prison” or a Woman’s Right? (July 25, 2010)

38. Twitter@CoEinBrussels@councilofeurope@echrnews@EURightsAgency

39. People Resources

40. OrganizationsFundamental Rights Agency (FRA)European Centre for Law and Justice (ECLJ,. “Christian-inspired” NGO)European Consortium for Church and State ResearchEuropean Network of Legal Experts in the Non-Discrimination FieldInternational Center for Law and Religion Studies (W. Cole Durham, Jr., Director, ICLRS, Brigham Young University)International Consortium for Law and Religion Studies (ICLARS)Organization for Security and Co-operation in Europe (OSCE), Office for Democratic Institutions and Human Rights (ODIHR)Pew Forum on Religion & Public LifeReligion and Law ConsortiumStrasbourg Consortium (FORB in the ECHR)

41. ConclusionResearching religious freedom in European Union countriesComplex normative frameworkReligious minorities, variousLanguage(s) of the multiple jurisdictions, religion, lawInterdisciplinary, Intersectional (race/gender/religion/ethnicity, immigrant-status)FluxPeople sources

42. Photo CreditsCC EU Religions: http://upload.wikimedia.org/wikipedia/commons/2/23/Europe_religion_map_en.pngCC “Persecution” (La Passion de Jeanne d’Arc): http://www.flickr.com/photos/michaelrogers/3192703779/sizes/o/in/photostream/CC Crucifix (Italy): http://www.flickr.com/photos/anna/373351252/sizes/z/in/photostream/CC “Outward Displays” (Hindu Temple, Chariot Procession , London, UK): http://www.flickr.com/photos/velurajah/4871990214/CC Hindu Temple (London, UK): http://www.flickr.com/photos/belowred/2075629821/CC St. Thomas Aquinas (“Locating Books”): http://upload.wikimedia.org/wikipedia/commons/3/35/Thomas_Aquinas_in_Stained_Glass.jpgCC ECHR (“Adjudicative Bodies”): http://www.flickr.com/photos/ahxcjb/1172178280/CC Mosque (Sweden): http://www.flickr.com/photos/khoogheem/122027294/CC “Voile” (Veil, in Niqab/Hijab group): http://www.flickr.com/photos/jfgornet/4708585962/in/photostream/CC Buddhism (Switzerland): http://buddhismswitzerland.org/wp-content/uploads/2011/04/3.jpgNike/Religious wear (photo by Lyonette Louis-Jacques – Table Mountain, Cape Town, South Africa)CC “News Updates” (EU Eiffel Tower): http://www.flickr.com/photos/klmircea/2958139380/sizes/l/in/photostream/CC EU Eiffel Tower: http://www.flickr.com/photos/la_bretagne_a_paris/2625734757/sizes/l/in/photostream/CC Germany (European Central Bank): http://www.flickr.com/photos/43102195@N08/4417740330/CC United Kingdom (Women in London, Burqa): http://commons.wikimedia.org/wiki/File:Burqa_in_England_2007.jpgCC St. Andrew’s Church (Kiev, Ukraine): http://www.flickr.com/photos/thisisbossi/3908506858/CC “Key Instruments” (stack of German books): http://www.flickr.com/photos/formanella/253353932/sizes/z/in/photostream/CC John The Evangelist: http://www.flickr.com/photos/12495774@N02/5775382253/in/photostream/CC “Questions?” (Burka , London): http://www.flickr.com/photos/50576319@N05/5182201802/sizes/z/in/photostream/

43. Questions?Consult Research Guide and BibliographyContact Lyo Louis-Jacques