Sánchez H.

Criteria for limiting the use of religious symbols in court appearances in Strasbourg case law


In its recent ruling, Hamidović v. Bosnia and Herzegovina, the Strasbourg Court found that the conviction of a Muslim for his refusal to remove the taquiyah (skullcap), during a criminal proceeding where he was witness, was illegitimate. The paper analyzes the proportionality criteria applied by the European Court of Human Rights as well as by some national courts in cases where the legal restrictions to the wearing of religious clothing or symbols by privates may constitute forms of discrimination.[…]

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