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Myriam Hunter-Henin - Law, Religious Freedoms and Education in Europe

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This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.

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LAW, RELIGIOUS FREEDOMS AND EDUCATION IN EUROPE

Cultural Diversity and Law

Series Editor:
prakash Shah, School of Law, Queen Mary, University of London, UK

Around the world, most states are faced with difficult issues arising out of cultural diversity in their territories. Within the legal field, such issues span across matters of private law through to public and constitutional law. At international level too there is now considerable jurisprudence regarding ethnic, religious and cultural diversity. In addition, there are several layers of legal control from communal and religious regulation to state and international regulation. This multiplicity of norm setting has been variously termed legal pluralism, inter-legality or inter-normativity and provides a fascinating lens for academic analysis that links up to cultural diversity in new and interesting ways. The umbrella of cultural diversity encompasses various population groups throughout the world ranging from national, ethnic, religious or indigenous groupings. This series particularly welcomes work that is of comparative interest, concerning various state jurisdictions as well as different population groups.

Also in the series

Islamic Law in Europe?
Legal Pluralism and its Limits in European Family Laws
Andrea Bckler
ISBN 978-1-4094-2849-7

The Challenges of Justice in Diverse Societies
Constitutionalism and pluralism
Meena K. Bhamra
ISBN 978-1-4094-1928-0

Law and Religion in the 21st Century
Relations between States and Religious Communities
Edited by Silvio Ferrari and Rinaldo Cristofori
ISBN 978-1-4094-1143-7

Sharia As Discourse
Legal Traditions and the Encounter with Europe
Edited by Jrgen S. Nielsen and Lisbet Christoffersen
ISBN 978-0-7546-7955-4

Law, Religious Freedoms and Education in Europe

Edited by

MYRIAM HUNTER-HENIN
University College London, UK

ASHGATE

Myriam Hunter-Henin 2011

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher.

Myriam Hunter-Henin has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the editor of this work.

Published by
Ashgate Publishing Limited
Wey Court East
Union Road
Farnham
Surrey, GU9 7PT
England

Ashgate Publishing Company
Suite 420
101 Cherry Street
Burlington VT 05401-4405
USA

www.ashgate.com

British Library Cataloguing in Publication Data

Law, religious freedoms and education in Europe. (Cultural diversity and law)
Religious minoritiesEducationEurope. Religious educationLaw and legislationEurope. Freedom of religionEurope.
I. Series II. Hunter-Henin, Myriam.
344.40796-dc22

Library of Congress Cataloging-in-Publication Data

Hunter-Hinin, Myriam.

Law, religious freedoms and education in Europe / by Myriam Hunter-Henin.

p. cm. (Cultural diversity and law)

Includes bibliographical references and index.
ISBN 978-1-4094-2730-8 (hardback : alk. paper) ISBN 978-1-4094-2731-5 (ebook)
Religion in the public schoolsLaw and legislationEurope. Religious minorities Legal status, laws, etc.Europe. Freedom of religionEurope. I. Title.
KJC6275.H86 2011
342.40852dc23

2011040152

ISBN 9781409427308 (hbk)
ISBN 9781409427315 (ebk)
ISBN 9781409497912 (ebk-ePUB)

Printed and bound in Great Britain by the MPG Books Group UK To my older - photo 1
Printed and bound in Great Britain by the MPG Books Group, UK.

To my older daughter, Melanie.
May she forgive me for spending her 6th birthday at the conference from
which this book was born
.

To my husband, for his patience and support over the numerous weekends
dedicated to this book and to the conference that preceded it
.

Contents


Robert Jackson


Myriam Hunter-Henin


Myriam Hunter-Henin


Lorenzo Zucca


Martine Cohen


Arif A. Jamal and Farid Panjwani


Lucy Vickers


Russell Sandberg and Anna Buchanan


Christopher McCrudden


Blandine Chlini-Pont


Heinrich de Wall


Javier Garca Oliva


Peter Cumper


Alison Mawhinney, Ulrike Niens, Norman Richardson and Yuko Chiba


Anna Van den Kerchove


Eric Barendt


Frank Cranmer


Mark Hill


Russell Sandberg


Tobias Lock

List of Figures and Tables

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