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Cosmopolitanism, as an intellectual and political project, has
failed. The portrayal of human rights, especially European, as
evidence of cosmopolitanism in practice is misguided. Cosmopolitan
theorists point to the rise of claims-making to the European Court
of Human Rights (ECtHR) among Europe's Muslims to protect their
right to religious freedom, mainly concerning the hijab, as
evidence of cosmopolitan justice. However, the outcomes of such
claims-making show that far from signifying a cosmopolitan moment,
European human rights law has failed Europe's Muslims. Human
Rights, Islam and the Failure of Cosmopolitanism provides an
empirical examination of claims-making and government policy in
Western Europe focusing mainly on developments in the UK, Germany,
France, Italy and the Netherlands. A consideration of public
debates and European law of conduct in the public sphere shows that
cosmopolitan optimism has misjudged the magnitude of the impact
claims-making among Europe's Muslims. To overcome this cul-de-sac,
European Muslims should turn to a new 'politics of rights' to
pursue their right to religious expression. This book is a
theoretically challenging re-evaluation of cosmopolitan arguments
through a rigorous discussion of rights-making claims by Europe's
Muslims to the European Court of Human Rights. It combines
sociological and legal case analysis which advances understanding
of one of the most pressing topical issues of the day.
Cosmopolitanism, as an intellectual and political project, has
failed. The portrayal of human rights, especially European, as
evidence of cosmopolitanism in practice is misguided. Cosmopolitan
theorists point to the rise of claims-making to the European Court
of Human Rights (ECtHR) among Europe's Muslims to protect their
right to religious freedom, mainly concerning the hijab, as
evidence of cosmopolitan justice. However, the outcomes of such
claims-making show that far from signifying a cosmopolitan moment,
European human rights law has failed Europe's Muslims. Human
Rights, Islam and the Failure of Cosmopolitanism provides an
empirical examination of claims-making and government policy in
Western Europe focusing mainly on developments in the UK, Germany,
France, Italy and the Netherlands. A consideration of public
debates and European law of conduct in the public sphere shows that
cosmopolitan optimism has misjudged the magnitude of the impact
claims-making among Europe's Muslims. To overcome this cul-de-sac,
European Muslims should turn to a new 'politics of rights' to
pursue their right to religious expression. This book is a
theoretically challenging re-evaluation of cosmopolitan arguments
through a rigorous discussion of rights-making claims by Europe's
Muslims to the European Court of Human Rights. It combines
sociological and legal case analysis which advances understanding
of one of the most pressing topical issues of the day.
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