Contribution to Book
Legal pluralism and islam in the scales of the European Court of Human Rights : the limits of categrorical balancing
Conflicts between fundamental rights
(2008)
Abstract
Starting from the Refah v. Turkey case we dig deeper in the issue of conflicting rights in pluralist legal systems, comparing the Strasbourg Court’s case law with solutions devised in the Malaysian legal system. Legal pluralism generally includes a set of tensions between the minorities’ rights to live following their own norms and rules (article 27 ICCPR and article 8 ECHR), the religious freedom (article 9 ECHR) and, the equality and non-discrimination principles. The idea of the separation of state and church and the principle of secularism are also often brought up as an argument against legal pluralism. How to deal with these tensions?
Disciplines
Publication Date
2008
Editor
Eva Brems
Publisher
Intersentia
Citation Information
Karen Meerschaut and Serge Gutwirth. "Legal pluralism and islam in the scales of the European Court of Human Rights : the limits of categrorical balancing" AntwerpConflicts between fundamental rights (2008) Available at: http://works.bepress.com/serge_gutwirth/25/