Islamic Dress in Human Rights Jurisprudence: A Critique of Current Trends

This article addresses four problematic consequences of framing Islamic dress questions in the language of religious rights under the European Convention on Human Rights. The author argues that the use of Article 9 as a basis for the resolution of hijab issues has produced a number of counterproductive results. These trends include 0ly separating culture and gender, and producing a more docile Muslim woman subject to public scrutiny and moralizing. The article draws on the critical theory of Wendy Brown and post-colonial feminism.

Anastasia Vakulenko, Islamic Dress in Human Rights Jurisprudence: A Critique of Current Trends (2007) 7:4 Oxford Human Rights Law Review 717.