ISLAM, JUSTICE AND PREJUDICE: RETHINKING THE EUROPEAN COURT OF HUMAN RIGHTS’ APPROACH TO RELIGIOUS SYMBOLS

The European Court of Human Rights (ECtHR) has been criticized on the grounds that its approach to religious symbols is shaped not by fundamental rights and freedoms, but by subjective biases. Despite being bound by the European Convention on Human Rights (ECHR) and universal legal norms, it has been observed that in cases involving Islam, the ECtHR invokes abstract and culturally loaded concepts such as “European cultural heritage,” “shared past and future vision,” “active and passive object,” and “fragility.” As a result of this selective approach, religious symbols associated with Islam have been disproportionately restricted and a biased attitude has been exhibited by the Court. The analysis of relevant cases reveals a departure from the principle of proportionality in ECtHR judgments, along with a weakening of the principles of justice and impartiality. Through these controversial rulings, it is concluded that an approach potentially associated with Islamophobia has been adopted, and that the Court has been transformed into an institution shaped by cultural and societal prejudices, drifting away from universal legal standards.