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- Title
Sportul, laicitatea şi drepturile fundamentale.
- Authors
Caian, Gabriel
- Abstract
Starting from the ECHRs sport-related decisions in the field of the right to education (article 2 of the First Protocol) and the right to thought, conscience and religion (article 9 of the Convention), the author aims at shedding light on the delicate sociological and political issues which underpin the legal assessment of the conventional organ. In this respect, profound differences are revealed between the European cultural environment and the Islamic one. In the first step, based on the European Court's case-law, a general glimpse is provided as to the importance of secularism in Europe, with some particularities which do not actually affect a certain homogeneity. Secularism, neutrality and separation of State from the Church are the concepts to clarify in order to grasp the current features of European civilization, at the end of a very "uncertain" historical path. Afterwards, before the presentation of the relevant jurisprudence, the religion-based approaches as to the body and sports in Christianity and Islam are summarized, as the applicants were persons of Islamic faith based in European countries, who basically alleged the hindrance in to their rights during school sports activities. In the author's view, where "a clash of civilizations" is at stake, the cultural ingredients are of utmost importance in such cases brought before the ECHR and the legal issues could not be convincingly tackled without a good understanding of the cultural, deeply-rooted religious aspects.
- Subjects
EUROPEAN Court of Human Rights; ISLAM; CONSCIENCE; HUMAN body in religion; CHURCH &; state; SCHOOL sports; RIGHT to education; SECULARISM
- Publication
Judges Forum Review / Revista Forumul Judecătorilor, 2020, Issue 1, p110
- ISSN
2065-8745
- Publication type
Article