Agustin Motilla

The problem of the wearing of religious dress codes in public space: the case of the «burqa» in Spain

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Abstract

A large percentage of European citizens consider the burqa a symbol of Islamic fundamentalism and women discrimination. This paper focuses on Spanish Law, where some Council have banned the burqa - or they are in the process of doing so - in public buildings as an item of clothing against security and Spanish values. Is it a legitimate measure in democratic and pluralistic societies? The paper tries to answer this question taking into account the resolutions of international organizations of hu- man rights and the case-law of the European Court of Human Rights. An introduction analyzes sociological and legal data about Islamic com- munities in Spain.

Keywords

  • Burqa
  • Spanish Law
  • Islamism
  • human rights
  • limitations

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