GENDER AND CULTURE IN THE LEGISLATION AND CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS. THE CASE OF THE ISLAMIC VEIL
GENDER AND CULTURE IN THE LEGISLATION AND CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS. THE CASE OF THE ISLAMIC VEIL

Summary/Abstract: This paper aims to analyse the influence that the cultural factor brings into the legal framework of women’s rights. In demonstrating the direct relationship between culture and legislation, we took into account the restrained view of culture- that is connected to the religious factor. The main focus of our argument is built around the ban of wearing the Islamic veil. The two benchmarks of our analysis were the European Convention of Human Rights and Fundamental Freedoms (art. 9 and art. 14) and the case law of the European Court of Human Rights. Our research methodology consisted of the study of documents (bibliographical research) and the main thesis of our paper consisted of emphasising the relationship of interdependence between the cultural conduct (imposed in a context induced by religion) and the legal conduct- stated in the field of women’s rights.

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