RELIGIOUS FREEDOM AND GENDER EQUALITY IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The jurisprudence of the European Court of Human Rights (ECHR) gives rise to an important body of doctrine on religious freedom and also on gender equality. This article is based on a study of the leading judgements, with special reference to Islam’s hijab, and other matters (recognition of religious marriages and the application of Sharia). This analysis is from the gender perspective. In some cases, we will see that the ECHR rules that there is no discrimination. Nevertheless, its judgements have consequences for women’s rights.