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Religious Adjudication and the European Convention on Human Rights

Leigh, Ian

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Abstract

Despite extensive discussion of the desirability of recognition of religious law in Europe in recent years and widespread agreement among commentators that the precondition for any such recognition must be respect for human rights, there has little detailed analysis of what this would entail. This article aims to redress that omission by a systematic discussion of the compatibility of various forms of religious adjudication with the European Convention on Human Rights. It first clarifies the conceptual confusion surrounding the relationship between state law and religious adjudication, especially where voluntary non-binding adjudication is concerned. It then applies the relevant Convention jurisprudence (drawing especially on the recent Grand Chamber decision of the European Court of Human Rights in Molla Sali v Greece) to identify two relevant tests of compatibility. These are, respectively, the adequacy of judicial scrutiny and voluntariness or consent.

Citation

Leigh, I. (2019). Religious Adjudication and the European Convention on Human Rights. Oxford Journal of Law and Religion, 8(1), 1-27. https://doi.org/10.1093/ojlr/rwz008

Journal Article Type Article
Acceptance Date Mar 17, 2019
Online Publication Date Apr 21, 2019
Publication Date Feb 28, 2019
Deposit Date Mar 19, 2019
Publicly Available Date Apr 21, 2021
Journal Oxford Journal of Law and Religion
Print ISSN 2047-0770
Electronic ISSN 2047-0789
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 8
Issue 1
Pages 1-27
DOI https://doi.org/10.1093/ojlr/rwz008
Keywords Religious adjudication, human rights, ECHR, religious law, Sharia Councils.

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Copyright Statement
This is a pre-copyedited, author-produced PDF of an article accepted for publication in Oxford journal of law and religion following peer review. The version of record Leigh, Ian (2019). Religious Adjudication and the European Convention on Human Rights. Oxford Journal of Law and Religion 8(1): 1-27 is available online at: https://doi.org/10.1093/ojlr/rwz008





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