Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal (...) autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

In this appeal the House of Lords held that a school’s refusal to change its school uniform rules to accommodate the religious beliefs of one of its pupils did not constitute an interference with freedom of religion and the right to an education. This note asks whether the House of Lords by framing the issue as a matter of individual choice and informed consent may have underestimated the potential for social harm inflicted by a school’s unwillingness to accommodate certain types (...) of religious beliefs where it has already adapted its school uniform rules for others. (shrink)