Castillo Ortiz, Pablo, Ali, Amal and Samanta, Navajyoti (2019) Gender, Intersectionality and Religious Manifestation Before the European Court of Human Rights. Journal of Human Rights, 18 (1). pp. 76-91. ISSN 1475-4835
Full content URL: https://doi.org/10.1080/14754835.2019.1581054
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Item Type: | Article |
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Item Status: | Live Archive |
Abstract
Decisions on Art.9(2) of the European Convention on Human Rights –the right to religious manifestation- evidence the importance of intersectional considerations of gender, religion and even nationality. This article uses QCA in order to find patterns of litigation victory and defeat by intersectional groups in their claims of violation of this provision. Our analyses show that intersectionalization of the analysis, operated through a methodology particularly well-suited to do so, was essential to render visible important patterns in the judicial arena. These patterns show the very different outcomes of litigation by intersectional groups. In particular, Muslim women, whose cases frequently had a clear dimension of ‘claim intersectionality’ related to religious clothing, systematically were defeated before the European Court of Human Rights. This contrasts with cases brought about by male Muslims, a very successful category of litigants, therefore emphasizing the importance of the gender dimension when understanding cases on religious manifestation.
Keywords: | human rights, intersectionality |
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Subjects: | M Law > M130 Public International Law |
Divisions: | College of Social Science > Lincoln Law School |
ID Code: | 32439 |
Deposited On: | 25 Jun 2018 20:58 |
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