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Social Conditions of Freedom, International Human Rights Law, and Women’s Dress: Identity, Belonging, and Recognition

Published online by Cambridge University Press:  10 December 2021

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Summary

Abstract

This chapter takes a global human rights perspective on the regulation of women's dress. The author does not recount national legislation, but critically analyses international human rights law provisions, including the Convention on the Elimination of Discrimination Against Women 1979 and certain case law development of legal rights relating to personality or personal identity. The chapter highlights and probes the underlying purpose of this area of law: to ensure the inherent dignity, equality, and rights of everyone based on the ideal of free human beings. The author argues for an interpretation of the law in line with its purpose to create and safeguard the scaffolding of the social conditions of personality or identity formation of women wearing Islamic dress. This gives flesh to the universal human of international human rights law, acknowledging that personalities are formed culturally and socially with and through others, with implications for belonging and recognition.

Introduction

International human rights law (IHRL) has grand ambitions. The canon of the International Bill of Rights consisting of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) state that IHRL recognises the inherent dignity, equality, and rights of everyone based on the ideal of free human beings. The stated aim of the European Convention on Human Rights (ECHR) is encapsulated in the European Court of Human Rights (ECtHR) decision from 2002, Goodwin v. United Kingdom :

[T]he very essence of the Convention is respect for human dignity and human freedom. Under Article 8 … where the notion of personal autonomy is an important principle underlying the interpretation … protection is given to the personal sphere of each individual, including their right to establish details of their identity as individual human beings.

Specifically focused treaties, such as the Convention against Torture, and the separate conventions to eliminate discrimination on the grounds of race, gender, disability, or being a child, also contain such underlying concepts. This chapter takes a global human rights perspective on the regulation of women's dress. I do not recount national legislation, but critically analyse IHRL provisions, including the Convention on the Elimination of Discrimination Against Women 1979 (CEDAW) and certain case law development of legal rights relating to personality or personal identity.

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Law, Cultural Studies and the 'Burqa Ban' Trend
An Interdisciplinary Handbook
, pp. 187 - 204
Publisher: Intersentia
Print publication year: 2021

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