Moving beyond approaches that emphasise the influence of national ideologies and transnational frameworks on the governance of religious diversity in Western Europe, recent scholarship has underlined the importance of analysing the impact of concrete institutional settings such as hospitals, schools and prisons on the public incorporation of religious minorities. Building on this approach, the present article analyses the emergence of Muslim prison chaplaincies in three German federal states by focussing on how framing strategies of state- and religious actors accommodate the national state-church framework and prison-related norms. The article thus shows how national ideologies of diversity regulation and prison norms are mutually shaped in the process of the local governance of Islam. The comparative perspective of the article highlights subnational variations regarding actor constellations and strategies and thereby emphasises a multidimensional process of negotiating the national regime of diversity governance.

How do legal strategies at the European Court of Human Rights (ECtHR) vary among activists in highly asymmetrical social positions? Social scientists have demonstrated that legal mobilization raises the pressure on states to provide broader minority accommodation. While this may be true, such outcome-oriented studies overlook the fact that judicial mobilization is itself deeply imbued with inequalities and divergent interests among diverse activists. We lack comparative studies to examine how such differences play out in litigation. Drawing on a qualitative in-depth study among Sikh, Muslim, Catholic, Evangelical, and secular advocacy groups involved in religious freedom disputes at the ECtHR, this article argues that claims making often is a balancing act between legal power relations and extra-legal commitments, which leads to variation in activists’ leverage to challenge legal marginalization. First, hostile legal environments discourage more easily activists with weaker transnational connections who are in vulnerable domestic positions. Second, while the most marginalized readily seek to fit identity narratives into dominant legal frames of religion, more powerful actors can target the core of legal principles and power distribution within the legal field as such. Even when unsuccessful in judicial outcomes, they might affect broader political and legal debates.

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