‘On both sides of the Atlantic, courts this week have addressed the relationship of Islam to the west, but with radically different approaches and outcomes. In the US, federal courts in Hawaii and Maryland have halted Donald Trump’s second attempt at a Muslim ban. Meanwhile, the European court of justice, Europe’s highest court, has upheld the right of private employers to ban Muslim women from wearing headscarves.
American and European law each embrace principles of religious neutrality and non-discrimination, but the divergent application of those laws reflects different levels of discomfort with religion generally and a demographic anxiety with Islam in particular.’
Read here the rest of this article by Muneer I Ahmad in the Guardian of 17th March 2017: https://www.theguardian.com/commentisfree/2017/mar/17/islamophobia-most-worrying-europe-not-trumps-america.
Muneer I Ahmad is Clinical Professor of Law at Yale Law School and co-director of the Worker & Immigrant Rights Advocacy Clinic, which was co-counsel on the first case to challenge the original Muslim Ban.
My forthcoming book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge) is comparative, among other things, in the sense that it sometimes points towards differences and similarities between Europe and North America, be it not in a systematic manner. As such, it notes that in Europe respect for the fundamental right of freedom of religion or belief appears to have been eroding for quite some time, certainly in some of the courts.
This is the tenth post in a new series introducing this book.
For the first nine posts, please see: