Orientalism in the European Court of Human Rights

Skeet, Charlotte Helen (2019) Orientalism in the European Court of Human Rights. Religion and Human Rights, 14 (1). pp. 31-63. ISSN 1871-031X

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Abstract

This article provides an anti-Orientalist critique of jurisprudence within the European Court of Human Rights. Discussion is located in the context of the longstanding debate over what it is to be “European” and an awareness of how these wider discourses shape rights adjudication at national and intra-national levels in Europe. Argument draws on literature from post-colonial theorists, cultural studies, and feminist legal theory which identify and discuss “Orientalist” discourses to analyse the production of legal knowledge and jurisprudence from the European Court of Human Rights. The article argues that Orientalist discourses affect the ways that the Court constructs and positions both the claimant and the respondent state in human rights claims. These constructions influence cases involving Muslim claimants and have a particularly negative impact on the outcome of claims by visibly-Muslim women. The final part of the article suggests ways that these negative discourses and constructions can be countered.

Item Type: Article
Keywords: European Court of Human rights, Gender, Orientalism, Feminist Legal Theory, Intersectionality, Post-colonial Legal Theory, Right to Religion, Law.
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex Centre for Human Rights Research
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0201 Jurisprudence. Philosophy and theory of law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K3154 Constitutional law > K3224 Individual and state > K3240 Human rights. Civil and political rights
K Law > KJ Europe
Depositing User: Charlotte Skeet
Date Deposited: 03 Apr 2019 12:37
Last Modified: 03 Apr 2019 12:37
URI: http://srodev.sussex.ac.uk/id/eprint/82412

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