Law, Cultural Studies and the "Burqa Ban" Trend

This book offers an in-depth account of the "burqa ban" trend, bringing together law and cultural studies. With a focus on Europe and America, leading academics and professionals provide insights to value and identity politics, diversity, discrimination, human rights and the discussions surrounding the national and international courts' contradictory judgments.
Editor(s):
Anja Matwijkiw, Anna Oriolo
book | published | 1st edition
July 2021 | xlii + 474 pp.

Hardback

€139.-

ISBN 9781839700583


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ISBN 9781839701702

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Details

Law, Cultural Studies and the “Burqa Ban” Trend: An Interdisciplinary Handbook offers an in-depth and multi-perspective account of the “burqa ban” trend. With a focus on Europe and America, this book examines the law at national and international levels. Its interdisciplinary approach encompasses ethics, gender studies, philosophy, political science, and religion to provide much needed insights into value and identity politics, diversity, discrimination, and human rights, in addition to the discussions surrounding the courts’ contradictory judgments.

The book also includes a first-hand account by a Muslim burqa-wearer, alongside contributions by leading academic researchers and legal professionals that provide food for thought that can benefit future discussions among scholars, students, legal professionals, and policymakers. Analytical work is supplemented with, among other aspects, examinations of the frameworks that derive from dialectical thinking or ideas and theories about democracy, autonomy, and male and white desire to control, conquer, and dominate.

With contributions by Sarah Ali (Women in Dialogue), Erik Daniel Baldwin (Indiana University Northwest), Kerstin Bree Carlson (Roskilde University), Fatiha Chakir (Il mondo a colori), Giuseppe D’Angelo (University of Salerno), Gaspare Dalia (University of Salerno), Bice Della Piana (University of Salerno), Rt. Hon. Lady Hale DBE (formerly Supreme Court of the United Kingdom), Shino Ibold (University of Hamburg), Nina Jakku (Lund University), Ryan Long (Thomas Jefferson University), Willie Mack (Veterans Assistance Commission of Cook County), Kamal Makili-Aliyev (Malmö University), Jill Marshall (University of London), Anja Matwijkiw (Indiana University Northwest), Bronik Matwijkiw (Southeast Missouri State University), Stefan Oeter (University of Hamburg), Anna Oriolo (University of Salerno), Sherene H. Razack (University of California at Los Angeles), Teresa Russo (University of Salerno), Robin May Schott (Danish Institute for International Studies), and Jacob Livingston Slosser (University of Copenhagen).
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ANJA MATWIJKIW is Professor of Ethics & Human Rights at Indiana University Northwest, USA. She served as the 2019-2020 Fulbright Distinguished Chair of Public International Law at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law & Faculty of Law, Lund University (Sweden).

ANNA ORIOLO is Professor of International Law, Lecturer of EU Law, International Criminal Law and Diplomatic and Consular Law at the University of Salerno, Italy.

Table of Contents

Table of Contents and Preliminary Pages (p. 0)

An Introduction to the Interdisciplinary Considerations of the "Burqa Ban" Trend: Criminalizing the Trivial or Separating National and International Law? (p. 1)

PART I. INTERDISCIPLINARY PERSPECTIVES ON THE STRATEGY OF PROHIBITION

The “Burqa Bans” and Superficial Politics (p. 35)

Philosophical Analysis as a Pathway to Progress: From the Burqa to the Emperor’s New Clothes (p. 55)

A Taxonomy and Criticism of Rationales for Banning Face Veils (p. 81)

Toward “Living Together” as (A)religious Convergence: Against the Burqa Ban (p. 93)

PART II. LEGAL PERSPECTIVES: Religious Clothing, Law, and a Veil-Wearer’s Experiential Account

The Law and Religious Dress (p. 117)

Wearing Religious Clothing at the Workplace in EU Law and the Risks of a “Neutrality Policy” in Private Employmen (p. 131)

I Am the “Veil Woman”: A Muslim Narrative (p. 147)

PART II. LEGAL PERSPECTIVES: Human Rights Perspectives

Burqas and Niqabs as Protected Expression: “This is My Face” (p. 167)

Social Conditions of Freedom, International Human Rights Law, and Women’s Dress: Identity, Belonging, and Recognition (p. 187)

Dressing Neutrally v. Religious Freedom in European “Headscarf Cases”: Looking for a Rationale to Legitimize the Ban on Concealing Faces in International (Human Rights) Jurisprudence (p. 205)

Conflicting Human Rights Perspectives on the French Burqa Ban: European Court of Human Rights v. UN Human Rights Committee (p. 231)

The Use of Artificial Intelligence for Public Security Among Prejudices, Secularism, and Respect for Fundamental Guarantees (p. 263)

PART II. LEGAL PERSPECTIVES: National Perspectives

The Italian Uncertain Approach to the Burqa: A Testing Ground for the Unifying Role of “Laicità” (p. 283)

Inter-American Perspectives on the Burqa (Ban) (p. 301)

The Perspective of Post-Soviet States on the Burqa Ban: A Study of the Delegalization of Religious Headwear in Post-Soviet States (p. 329)

Denmark’s Blanket Burqa Ban: A National(ist) Perspective (p. 349)

PART III. RESPONSES TO OTHERNESS: GENDER, RACE, AND THE VEIL FACTOR

Wearing the Hijab: Cultural Awareness, Cross-Cultural Competence, and Interactions in an Unfamiliar Cultural Context (p. 393)

Integration, Culture, and Gender in Swedish City Council Motions: Veils and Other Obstructions to “Swedishness” (p. 411)

The Racial/Spatial Politics of Banning the Muslim Woman’s Niqab: A Site/Sight We Cannot Bear (p. 439)

Epilogue (p. 463)