Write 12 page essay on the topic Law and Religion in The 21st Century.
An indicative example is France. the country is traditionally related with the promotion of freedom of thought and expression. this freedom is strongly supported by the law while any right that is possible in opposition with this freedom is limited. Under these terms, it could be expected that the violation of personal rights – like the right to practice the religion – would be considered as leading to the intervention of the state – for the protection of the individual involved2. however, it has been proved that the interpretation of freedom and religion can be sometimes differentiated under the influence of specific social and cultural conditions. The current paper focuses on the examination of the various aspects of the case of Dogru v France (2008). the specific case refers to a dispute relating with the right of women to wear headscarf within the context of their religion. The local court held that the decision of the school’s commitment to expel the girl – applicant by the school because of her refusal to take off the headscarf during the physical education classes, was sufficiently justified. A series of appeals followed by the girl’s parents regarding the specific decision – appeals were submitted to the Caen Administrative Court, the Nantes Administrative Court of Appeal and the Conseil d’Etat3. All appeals were dismissed. the argument that wearing the headscarf during the physical education and sports classes could be dangerous for the girl was used as the basis of the local authorities and the French courts in order to support the decision of the school’s committee. In other words, the potential threat of life – which was assumed to exist in the specific case – was considered to be of higher importance from the girl’s right to practice her religion.
When the case was brought before the European Court of Justice, the decision of the local court was .further verified – no breach of article 9 of the Convention was identified. The decisions of the local courts to prohibit the right to practice the religion because of the potential risk of health were characterized as justified. .
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