Abstract

This contribution draws attention to human rights as an instrument of justice to deal with requests that are either made directly or may prove indirectly to be relevant to Muslims who claim the protection of freedom of religion and faith in contemporary European societies. The analysis is distributed over two distinct but complementary illustrations of such claims. The position defended here is that the key to a successful multicultural society lies in enabling adherents of all religions and beliefs, and thus also Muslims, to participate to the same extent, fully and actively, in social life, both as citizens and as private individuals. The challenge lies in finding the balance between looking after the interests of the majority society and meeting the needs and wishes of minority groups and communities, including those communities that are perceived to be ‘new’.

Highlights

  • European societies have, in just half a century, become more explicitly multicultural as a result of a number of decisive political and social developments, both within their societies and on an international scale

  • This contribution draws attention to human rights as an instrument of justice to deal with requests that are either made directly or may prove indirectly to be relevant to Muslims who claim the protection of freedom of religion and faith in contemporary European societies

  • European welfare states continue to attract newcomers in the hundreds of thousands each year, an increasing number of whom are Muslims. This brings me to the topic that is at the core of this contribution: the ever more prominent presence of Muslim minorities across Europe brings with it new challenges, not least in law: legislators but public administrations, judges, school principals, heads of care institutions and employers more generally are called upon to address the question of the extent to which the law, as it stands, offers the appropriate solution to the claims made by persons who, in concrete situations, expect their religious belief to be taken into account

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Summary

Introduction

In just half a century, become more explicitly multicultural as a result of a number of decisive political and social developments, both within their societies and on an international scale. It is the need for consistency that will serve as the common thread through this analysis, which asks the question of whether the law does, allow much space for individual autonomy when it comes to permitting members of Muslim communities to follow their own norms and values in daily life, in their family lives and, more generally speaking, in those relationships that fall within the broad scope of law.1 The position that this contribution seeks to defend is that the key to a successful multicultural society lies in enabling adherents of all religions and beliefs, and Muslims, to participate to the same extent, fully and actively, in social life, both as citizens and as private individuals. The challenge lies in finding the right balance between looking after the interests of the majority society and meeting the needs and wishes of minority groups and communities, including those communities that are perceived to be ‘new’ within that society

Two Concrete Illustrations Drawn from Case Law
Circumcision of Boys
Code of Conduct in the Workplace
Conclusion

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