By W. Cole Durham, Rik Torfs, David M. Kirkham
Islam, Europe and rising criminal concerns brings jointly very important research of the demanding situations that Europe poses for an increasing Islam and that Islam poses for Europe, inside their ever-evolving spiritual, felony, and social environments. This ebook gathers the very best considering on Islam and the legislation affecting present and contested concerns which could not be missed, relatively as they've got came across their manner ahead of the ecu courtroom of Human Rights. participants comprise top gurus who're operating on the center of this generation's legislations and faith questions in Europe and internationally. This publication outlines implications for all those that glance to Europe-from either inside of and without-for versions of human rights implementation and multi-cultural lodging.
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Additional info for Islam, Europe and Emerging Legal Issues
The film was to be shown in the cinema of the applicant association, in Innsbruck. The public prosecutor instituted criminal proceedings against the manager of the association and subsequently, although the criminal proceedings were discontinued, the Austrian courts ordered first the seizure and later the forfeiture of the film. In Wingrove, the applicant was the author of a video work of 18 minutes’ duration containing a peculiar interpretation of St Teresa of Avila’s ecstatic visions, in a pornographic setting with homosexual connotations.
Moe, chapter 11 in the present volume, 249, citing Refah, para. 72, reproduced in the GC para. 123. 50 Moe, chapter 11 in the present volume, 249-255. 51 Moe, chapter 11 in the present volume, 255-257. 52 Moe, chapter 11 in the present volume, 257-261. 53 Moe, chapter 11 in the present volume, 251. ”54 In general, then, Moe contends that the Court’s reasoning in Refah was flawed by failure to develop a sufficiently nuanced view of Islam. 55 What he sees as problems in the Refah case may point to a broader challenge in the Court’s response to Islam: the need for more refined and particularized understanding less prone to prejudge and more sensitive to possibilities of understanding.
Introduction 15 then analyzes the cases that have extended the Court’s freedom of association precedents into the domain of freedom of religion or belief. 59 Conclusion Like other European institutions, the European Court of Human Rights is facing a growing number of issues involving the place of Islam in Europe. The range of issues that will ultimately reach the Court can only expand with time. There are a host of issues that have not yet reached the Court: issues growing out of distinctive family law traditions; Muslim twists on general issues of gender equality; employment discrimination problems; needed accommodations in educational institutions; finding effective and legitimate ways to interact with the unstructured Muslim population; and so forth.
Islam, Europe and Emerging Legal Issues by W. Cole Durham, Rik Torfs, David M. Kirkham