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Europe and the ports of religious symbols at school: an absence of obvious consensus

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  1. Introduction
  2. Europe and the ports of religious symbols
  3. Absence of obvious consensus
  4. The wearing of religious signs: a total lack of consensus

The Sahin v / Turkey is fundamental in that it tends to limit the risks of inconventionnalité edited measures against violators of the ban on the wearing of conspicuous religious symbols and after the decision Karaduman c / Turkey of 3 November 1993, already unfavorable to the applicants stops Sahin I and II delivered by the House on 29 June 2004 and by the Enlarged Board November 10, 2005 have the only difference that the latter acknowledges that the complaint submitted under Article 2 of Protocol 1 required a separate examination. But the solutions, they remain unchanged: the ban on headscarves at university is not contrary to the European Convention on Human Rights.
In this case, a medical student was banned from wearing the Islamic headscarf in the internal regulations of the University of Istanbul, which also prohibits beards. She was thus prevented from accessing certain lectures and examinations and was the subject of disciplinary sanctions that were later amnestied. Meanwhile, however, the student continued his studies, veiled, Austria. The case was then brought before the European judges who decided the ban was conventional.

This judgment then there is a consecration of the Turkish concept of secularism, as suggested by Mr. Gérard Gonzalez? We can say yes, but in any event, only in the specific case of Turkey.

[...] In France, by contrast, these girls are minor, the absent Koranic schools. A permanent exclusion is perhaps at this level, disproportionate, staying no longer than correspondence courses. Indeed, the Supreme Court ended a practice somewhat odd: these girls were directed to Catholic schools. But the First Civil Chamber of the Court of Cassation on 21 June 2005, Valida excluding a private school under contract with a veiled student whose rules prohibited the port. Is this not, at this stage disproportionate? [...]

[...] Even if the state decision remains subject to European supervision, particular importance is attached to national decision because the relationship between the state and religions give rise to profound differences. Therefore, French law banning the wearing of religious signs in primary distinguishing public and secondary has good days ahead. In addition, an analysis of Mr. Bernard Toulemonde shows the success of this law: few disputes, many same dialog if some questions about the identification of signs required or prohibited are delicate. [...]

[...] Regardless of this, the Court derives the principle that there is religious event, so protection. So there between the second step: the interference was in accordance with Article legitimate? She says yes. Better, she praises the "conception of secularism" that emerges from the Turkish jurisprudence as "respectful of the underlying values the Convention" It is therefore primarily of taking into account the specific national context, it is true tense because of the rise of political Islam. First, indeed, the interference had a legal basis. [...]

[...] Europe and the ports of religious symbols at school: an absence of obvious consensus. A relative consensus view is about the display of religious symbols. Indeed, in most European countries, this display in public schools does not present any particular difficulties, first because often these signs were removed, then because when this is not the case, this display does not shock. This is the case in Portugal. In case of request of parents, usually without particular tension, these signs are removed, as it was arranged in an Austrian law. [...]

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