The Right to Wear Religious Symbols: Philosophy and Article 9

147 Pages·2013·0.84 MB·English

by  Daniel J. Hill

The Right to Wear Religious Symbols
DOI: 10.1057/9781137354174
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DOI: 10.1057/9781137354174
The Right to Wear
Religious Symbols
Daniel J. Hill
Department of Philosophy, University of Liverpool, UK
and
Daniel Whistler
Department of Philosophy, University of Liverpool, UK
DOI: 10.1057/9781137354174
© Daniel J. Hill and Daniel Whistler 2013
All rights reserved. No reproduction, copy or transmission of this
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in accordance with the Copyright, Designs and Patents Act 1988.
First published 2013 by
PALGRAVE MACMILLAN
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doi: 10.1057/9781137354174
Contents
Acknowledgements vii
List of Abbreviations ix
Table of Cases x
Table of Statutes and Treaties xv
Introduction: Philosophy of Religion Goes
to Court 1
1 Debating religious symbolism in the
public sphere 2
2 Argument and structure 4
3 The contribution of philosophy of religion 6
Part I Trends in Article 9(1)
1 The Manifestation Test 15
1 The anatomy of a case under Article 9 16
2 Religious symbols and the
manifestation test 26
2 The Myth of the Necessity Test 36
1 The necessity test described 37
2 The disputed cases 39
DOI: 10.1057/9781137354174 v
vi Contents
3 The Practical Turn 49
1 The emergence of the practical turn 51
2 The growing significance of 9(2) 55
Part II Understanding the Practical Turn
4 The UK Government and Generally Recognized Practices 62
1 The UK Government’s argument 64
2 Generally recognized forms of practice 66
3 Problems with the Government’s account 68
5 The Participative Symbol 73
1 The history of the symbol 74
2 Bearing witness 77
3 Passive symbols 80
4 Praxis and belief in religion 85
6 High-Level and Low-Level Beliefs 91
1 Philosophical background 92
2 The practical turn again 94
3 The Williamson case 95
4 Strasbourg case-law 98
5 Objections 101
Conclusion: Why Eweida Won 106
1 Theoretical frameworks for the practical turn 107
2 Eweida after the practical turn 107
3 Eweida and the legacy of the practical turn 111
Bibliography 119
Index 125
DOI: 10.1057/9781137354174
Acknowledgements
The following study emerges out of an AHRC Connected
Communities Scoping Study entitled, ‘Philosophy of
Religion and Religious Communities: Defining Beliefs
and Symbols’, undertaken during 2012. We therefore wish,
first, to thank the Arts and Humanities Research Council
whose funding made this project possible. We also wish to
thank our colleagues in the Department of Philosophy and
the School of the Arts at the University of Liverpool, who
helped us to extend our research leave during this time,
as well as Brendan George for his support in turning this
research into a book.
As we spell out in detail in the Introduction, this book
is the result of participatory research involving stakehold-
ers and academics from fields, organizations, and interest
groups of all kinds. Each of the organizations and individu-
als in the following lists (in alphabetical order) had a hand
in the genesis of this research and therefore, in many ways,
deserves to be labelled a co-author: Christian Concern;
Edge Lane Hindu Temple; Education Islam; Equality
and Human Rights Commission; Evangelical Alliance;
Faith Express, Liverpool University; Liverpool Muslim
Society; Metropolitan Cathedral, Liverpool; National
Secular Society; Premier Christian Radio; Zoroastrians of
the North-West; Adel Ahmed; Burjor Avari; Zarin Avari;
Christopher Baker; Andrew Brower Latz; Jenny Bunker;
Harry Bunting; Clare Carlisle; Rebecca Catto; Shirley
Chaplin; Stephen Clark; Charles Clarke; Frank Cramner;
Andrew Crompton; Sarah Egan; Richard Gaskin; Matthew
Gibson; Elaine Graham; Simon Hailwood; James Harding;
DOI: 10.1057/9781137354174 vii
viii Acknowledgements
Paul Helm; Chris Hewson; Mark Hill; Gillian Howie; Patrick Kelly;
Christina Kennedy; Peter Kennedy; Ram Krishan; John Langlois; Ian
Leigh; Harry Lesser; Gary McFarlane; Dominic McGoldrick; David
McIlroy; Stephen McLeod; Ian McParland; Katharine Sarah Moody;
Michael Nazir-Ali; Eleanor Nesbitt; David Perfect; John Pugh; Julian
Rivers; Abdul B. Shaikh; N. Sharma; Elizabeth Staunton; Thomas
Staunton; Kaushar Tai; Roger Trigg; Panayiota Vassilopoulou; Lucy
Vickers; Thomas Ward; Anne Marie Waters; Daniel Webster; Paul Weller;
Johannes Zachhuber. David Perfect from the Equality and Human Rights
Commission deserves special mention because it was he who first sug-
gested the idea for what follows.
The final drafts of this book were written with the memory of Gillian
Howie very much in our minds.
DOI: 10.1057/9781137354174
List of Abbreviations
AC Appeal Cases (Law Reports)
BHRC Butterworths Human Rights Cases
DR Decisions and Reports (of the European
Commission of Human Rights)
ECHR European Convention of Human Rights
( officially ‘Convention for the Protection
of Human Rights and Fundamental
Freedoms’)
ECtHR European Court of Human Rights
EHRC Equality and Human Rights
Commission
EHRR European Human Rights Reports
ET Employment Tribunal
EWCA Civ England and Wales Court of Appeal
(Civil Division)
EWHC Admin England and Wales High Court
(Administrative Court)
FCR Family Court Reports
GC Grand Chamber
HRA Human Rights Act 1998
ICR Industrial Cases Reports
IRLR Industrial Relations Law Reports
QB Queen’s Bench
UKEAT United Kingdom Employment Appeal
Tribunal
UKHL United Kingdom House of Lords
WLR Weekly Law Reports
DOI: 10.1057/9781137354174 ix