European Court of Human Rights
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On 10 November 2005 the Grand Chamber of the European Court of Human Rights (‘Court’) decided the long-running headscarf battle between Muslim students and Turkish universities in the Şahin judgment. On appeal, it held that the prohibition against wearing headscarves on university premises did not violate Article 9 of the European Convention on Human Rights (‘Convention’) on freedom of thought, conscience and religion. It thereby confirmed the decision of the Fourth Section of the Court of 29 June 2004.
[1] Paolo G. Carozza. Subsidiarity as a Structural Principle of International Human Rights Law , 2003, American Journal of International Law.
[2] D. Schiek. Just a Piece of Cloth? German Courts and Employees with Headscarves , 2004 .
[3] J. Sweeney. MARGINS OF APPRECIATION: CULTURAL RELATIVITY AND THE EUROPEAN COURT OF HUMAN RIGHTS IN THE POST-COLD WAR ERA , 2005, International and Comparative Law Quarterly.
[4] K. Boyle. The EUropean System for the Protection of Human Rights , 1993, American Journal of International Law.