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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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