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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://citation.allacademic.com/meta/p178397_index.html Direct Link: HTML Code:

Kurban, Dilek. "Practicing Faith in the Shadow of Secularism: Delineation of a “Public Space” Devoid of the Individual" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-05-08 <http://citation.allacademic.com/meta/p178397_index.html>

Kurban, D. , 2007-07-25 "Practicing Faith in the Shadow of Secularism: Delineation of a “Public Space” Devoid of the Individual" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-05-08 from http://citation.allacademic.com/meta/p178397_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: Sub-theme: Revisiting the Sacred/Secular Divide The protection of religious freedom under international human rights law rests upon a secular compartmentalization of the internal and the external, the private and the public. While the law grants an absolute protection to the former, the latter is subject to “legitimate” restrictions in the name of democracy. Tacit in this categorization is the assumption that the law has an inherent legitimate authority to define the lifestyles of believers, determine the border between the private from the public and draw the limits of the expression of faith in public space. The legitimacy of such authority is being increasingly questioned, particularly in the European human rights system, after a series of judgments put into question the capability and desirability of courts to pass judgments on the requirements of any given religion. The upholding by the European Court of Human Rights of draconian restrictions on freedom of religion, such as the closure of entire political parties and the institution of headscarf ban at universities, brought to surface the tension between fundamental rights and secularism. The emergence of “secularism” as a principle in and of itself which is counter-balanced against human rights in the preservation of the democratic order suggests the shifting priorities of international law in the new political order the world is in.

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(De)Coupling of Theory and Practice of Secularism: A Comparative Reflection on Religion’s Role in the Public Sphere