THE CASE OF THE ISLAMIC VEIL: THE EUROPEAN COURT OF HUMAN RIGHTS AS A FORUM FOR INTERCULTURAL DIALOGUE

Abstract

The motto of the EU “United in Diversity” has represented a new paradigm in the conception of
Europe – from the old continent cradle of the nation-state to a new adaptable Europe that needs to
be prepared to take on the challenges of the new century – especially in regard to cultural rights.
The paper will examine the process of politicization of the Islamic veil and the subsequent attempts
of states to intervene with legal restrictions on the wearing of the veil in the public space. These
restrictions will be critically analyzed by deconstructing the underlying assumption and prejudices
rooted in the colonial history of Europe and its interaction with different cultures within the
continent. Through this critical lens the paper will examine international human rights law in
relation to religious freedom, especially focusing on the jurisprudence of the European Court of
Human Rights and the doctrines which it has developed. Additionally, the paper will examine the
real-world implication of these decisions and the overall public discourse on the lives of Muslim
women in Europe. Furthermore, the paper will argue that intercultural dialogue can be a
mechanism for reconciling the cultural differences between groups thus providing a public space
in which every person can exercise the full extent of their rights. In this regard, the European Court
of Human Rights can and should act as a forum in which these topics can be deliberated upon and
result in decisions and doctrines which are culturally sensitive.