From Text to Meaning: Unpacking the Semiotics of Article 9 of the European Convention on Human Rights

Abstract

Through an analysis of the European Court of Human Rights’ decisions concerning the practice of veiling, this article problematises the semiotics-architectural structure of article 9 of the European Convention of Human Rights (Freedom of thought, conscience and religion), questioning which representation of the human and the female subject is recognised and therefore protected by secular/liberal and Human Rights law. It argues that the semiotics-architectural structure of article 9, which is based on the distinction between faith and its manifestation, not only relies on a particular ontological understanding of the religious subject as well as a specific notion of religion, but it also reveals a distinct relationship between the individual and sovereign power through the division between the public and the private spheres. In light of this, the western debate surrounding the women’s veiling overlooks how liberal secularism perceives and defines the religious and legal gendered subject in the modern world, and how this understanding is embedded in and reproduced through the law, which emerges as an instrument for regulating minority religious communities.