Seeking to Square the Circle

Bribosia, Emmanuelle; Rorive, Isabelle

doi:10.1017/9781316780053.016

Cited by 3 publications

(2 citation statements)

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“…137 Consequently, women reportedly feel that they are confined to their homes, either because they are not allowed to enter public spaces by the same males who coerce them into wearing burqas, and/or because they are afraid of verbal and physical aggression, confrontation and potential arrest (by the police). 138 The occurrence of such aggression could increase after the introduction of the BFG, as it reinforces the stereotyping of Muslim women. 139 Again, this runs counter to the obligation to abolish sex-based stereotypes.…”

Section: Participation In Public Lifementioning

confidence: 99%

All About That Face (No Trouble?)

Buerkert

Schut

Szuhai

2021

Utrecht Journal of International and European Law

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Section: Participation In Public Lifementioning

confidence: 99%

All About That Face (No Trouble?)

Buerkert

Schut

Szuhai

2021

Utrecht Journal of International and European Law

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“…138 Consensus remains an important argument and is 'a vital force in judicial policy that the European Court uses when it fears that going against consensus will render its rulings ineffectual.' 139 Several judges in the European Court have also opined that they believe there is a link between consensus and enforcement and acceptance of judgements. 140 As an international court, the European Court is never going to have a democratic mandate.…”

Section: Proposed Reform and The Advantages This Would Bringmentioning

confidence: 99%

The Case for Same-Sex Marriage Before the European Court of Human Rights

Hamilton

2017

Journal of Homosexuality

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For proponents of same-sex marriage, this essay sets forward a critical analysis of relevant arguments before the European Court of Human Rights. The privacy aspect of Article 8 European Convention of Human Rights will never be a successful argument with reference to marriage, which involves a public status. The equality argument (Article 14) is useful in addressing this issue with its close connections with citizenship, symbolic value, and proven record internationally. Difficulties remain with the equality argument; its conditional status, the width of the margin of appreciation allocated, and the need for an equality comparator. The equality argument needs reinforcement by use alongside a developing family law argument under Article 8 and a dynamically interpreted Article 12 (right to marry) argument. Ultimately, the success of any argument depends on convincingly influencing the European Court to consider that sufficient consensus has developed among Member States of the Council of Europe.

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Comprehensive Pluralism, Liberalism, and Religious Liberty

Gill

2024

AMINTAPHIL: The Philosophical Foundations of Law and Justice

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Seeking to Square the Circle

Cited by 3 publications

References 0 publications

All About That Face (No Trouble?)

All About That Face (No Trouble?)

The Case for Same-Sex Marriage Before the European Court of Human Rights

Comprehensive Pluralism, Liberalism, and Religious Liberty

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