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Western liberal democracy has a dual foundation of limited
government implementing the will of the majority and protecting
individual autonomy within a sphere of fundamental rights. Under
the rubric of universal human rights Western societies take for
granted that they tolerate all religions and treat all persons
equally. However, through globalization and immigration Western
societies are increasingly finding non-Christian people in their
midst. This pluralism is causing polities to rethink fundamental
notions of the boundaries of religious freedom, equality, and state
neutrality. Three countries whose systems are based on the Western
liberal democratic philosophy and which are religiously
pluralist-the United States, France, and the Netherlands-are
reacting in different ways. The politics of the hijab and burqa lie
at the intersection of the political and legal spheres.
Consequently, the political and legal spheres have each attempted
to enforce differing versions of the concepts of equality and
neutrality. A cross-cultural and cross-national survey of judicial
decisions and legislative action in these countries demonstrates
how each is balancing individual rights and communal bonds, and
adhering to or retreating from previously accepted human rights
norms for women and religious practices.
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