The Post-9/11 Securitisation of the Hijab and International Human Rights Law: The Strasbourg Court, Article 9 and Hijab Restrictions

Abstract

Following 9/11, there has been an increasing global trend of state restrictions on the freedom of Muslim women to wear the hijab. Despite freedom of religion or belief being enshrined within numerous provisions in international human rights law, hijab restrictions have been upheld by supranational courts. Using case law of the European Court of Human Rights (ECtHR), pertaining to Article 9 of the European Convention, this paper will argue that this deferential phenomenon stems from a judicial securitisation of the hijab and Muslim women. It will do so by identifying five problematic patterns that are evident in the ECtHR case law, and demonstrating that they are best understood using securitisation theory. The wider implications of this securitisation, both on the global context of human rights and the legitimisation of ‘headscarf persecution’, will then briefly be explored, and a ‘de-securitisation’ will be recommended.

Keywords: Article 9 ECHR, European Court of Human Rights, Muslim women, Hijab Restrictions, Securitisation, Headscarf

JEL Classification: K00, K10, K33