What happened to 'vivre ensemble?: developments after SAS v France
What happened to 'vivre ensemble?: developments after SAS v France
In 2014, the European Court of Human Rights found that France’s prohibition on women wearing the full face veil did not violate Art 9. In doing so, it accepted that the ban was necessary in order to achieve ‘vivre ensemble’ or ‘living together’. This hitherto unused concept was controversial and the response at the time was mostly critical. This article examines when and in what ways the Court has used vivre ensemble since that decision. It considers the arguments made by member states and applicants and the Court’s reasoning in later cases on the face veil and other Islamic clothing, as well examining reference to vivre ensemble by the Court in other contexts. It finds that the full face veil is constructed as fundamentally different to other forms of religious clothing and there is little reliance on the concept other than in the ‘burqa ban’ cases.
Pearson, Megan
fc57169e-5c44-405a-9d80-806ade39c1f2
3 December 2021
Pearson, Megan
fc57169e-5c44-405a-9d80-806ade39c1f2
Pearson, Megan
(2021)
What happened to 'vivre ensemble?: developments after SAS v France.
Oxford Journal of Law and Religion.
(doi:10.1093/ojlr/rwab017).
Abstract
In 2014, the European Court of Human Rights found that France’s prohibition on women wearing the full face veil did not violate Art 9. In doing so, it accepted that the ban was necessary in order to achieve ‘vivre ensemble’ or ‘living together’. This hitherto unused concept was controversial and the response at the time was mostly critical. This article examines when and in what ways the Court has used vivre ensemble since that decision. It considers the arguments made by member states and applicants and the Court’s reasoning in later cases on the face veil and other Islamic clothing, as well examining reference to vivre ensemble by the Court in other contexts. It finds that the full face veil is constructed as fundamentally different to other forms of religious clothing and there is little reliance on the concept other than in the ‘burqa ban’ cases.
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What happened to ‘vivre ensemble OJLR
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rwab017 (1)
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Accepted/In Press date: 11 November 2021
e-pub ahead of print date: 3 December 2021
Published date: 3 December 2021
Identifiers
Local EPrints ID: 456245
URI: http://eprints.soton.ac.uk/id/eprint/456245
ISSN: 2047-0770
PURE UUID: 7e37c80a-0ab7-414a-b183-2040dea21854
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Date deposited: 26 Apr 2022 21:24
Last modified: 17 Mar 2024 03:44
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