Fulltext

Double Standards? Veils and Crucifixes in the European Legal Order

Joppke, Christian

In: European Journal of Sociology, 2013, vol. 54, no. 1, p. 97-123

Add to personal list
    Title
    • Double Standards? Veils and Crucifixes in the European Legal Order
    Author
    • Joppke, Christian. Department of Social Sciences, University of Bern [joppke@soz.unibe.ch].
    Document Type
    • Postprint
    Language
    • English
    Published in
    • European Journal of Sociology, 2013, vol. 54, no. 1, p. 97-123. Cambridge University Press
    Other Version
    OAI-PMH Identifier
    • oai:doc.rero.ch:301609
    Summary
    Comparing the treatment of Islamic veils and Christian crucifixes by the European Court of Human Rights, this paper re-examines the charge of "double standards” on the part of this guardian of the European legal order, which is seen as disadvantaging Islam and favoring Christianity. While this is proved partially correct, the paper calls for a more differentiated treatment of the issue. For one, there is a modicum of consistency in the European Court's decisions, because they are all meant to further "pluralism”. Only, Islam and Christianity fare differently in this respect, as "threat” to and "affirmation” of pluralism, respectively. This distinction hinges on Islam's compatibility with the liberal-secular order, on which the jury is out. A possible way out of the "pluralism v. pluralism” dilemma, I argue, is signaled in the European Court's recent decision in Lautsi v. Italy (2011), which pairs a preference for "culturalized” Christianity with robust minority pluralism