Does Cultural Essentialism In First World Countries Restrict Human Rights In The Name Of Religious Freedom?
Manya Ahuja, Associate, Wadhwa Law Chambers & Shubhang Tandon, Junior Counsel, BlackRobe Chambers
Abstract
Religious freedom and rights are themes which have been the source of deep debate and struggle throughout the history of humankind. While legal and constitutional controversies are still being faced worldwide, there is a special modern concern for religious freedom in the Europe Union and the United States, and the status of Islam within these territories. Persecution of Muslims within first world countries on the basis of religious profiling, absurd laws or loopholes within the legal frameworks is nothing new. While evaluating the legal precedents and jurisprudence of the European Human Rights Institutions in this regard, the methodology followed by the European Court of Human Rights is often times rather conservative and inward-looking. This present article will provide an in-depth analysis of precedents from European Courts and the ECHR surrounding religious freedom, while also understanding persecution of Muslims the United States of America, to draw a complex relationship between accommodating religious diversity when it comes to Islamic Symbols and protection of human rights of their citizens, and also determine whether in the eyes of these western nations, protection of freedom of religion stands disconnected from the relatively narrow context of minority protection in order to include within itself the general idea of protection of human rights.
