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22 Soc. & Legal Stud. 377 (2013)
The Distinction between the Freedom of Religion and the Right to Manifest Religion: A Legal Medium to Regulate Subjectivities

handle is hein.journals/solestu22 and id is 375 raw text is: 





Article
                                                                Social & Legal Studies
                                                                    22(3) 377-393
The      Distinction                                             The Author(s) 2013
                                                              Reprints and permission:
Between           the    Freedom                     sagepub.co.u /journasPermnissi .nav
              Bet eenthe Fre     domDOI: I10.1I177/0964663913477679
                                                                   sls sagepub corn
of Religion and the Right                                             *sGE

to Manifest Religion:

A Legal Medium to

Regulate Subjectivities




Esra Demir Guirsel
Marmara University, Istanbul, Turkey




Abstract
In this article, I explore what kind of individual is presupposed and promoted as the
subject of the right to freedom of religion in Article 9 of the European Convention on
Human Rights. I question the distinction made between freedom of religion and the right
to manifest religion in the context of the so-called headscarf cases. I argue that making
such a distinction is only possible if it is based on a particular understanding of an indi-
vidual who, on the one hand, is capable of perceiving religion as something that can be
protected as a lifestyle or as a background that can be entered or exited and who is
required to submit to certain putatively secular rules, on the other. In order to do this,
I outline the application of the distinction by the European Court of Human Rights and
discuss whether it is an appropriate tool to approach the religious subjectivities of
women wearing the headscarf for religious reasons. I then try to unearth the relationship
between the doctrine of secularism and the conception of religion that is embedded in
Article 9.


Keywords
Article 9 of the European Convention on Human Rights, autonomy, dutiful citizen, free-
dom of religion, headscarf, pious self-formation, secularism, secular subject, subjectivity,
the right to manifest religion


Corresponding author:
Esra Demir Gursel, Faculty of Law, Marmara University, Tibbiye Cad., Haydarpasa Istanbul 34688, Turkey.
Email: esdemir@gmail.com

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