Un régime fondé sur la charia peut-il être compatible avec la Convention européenne des droits de l’homme ?

Translated title of the contribution: Can a regime based on Sharia be compatible with the European Convention on Human Rights?

Research output: Contribution to journalArticle

Abstract

This contribution aims to compare the reasoning developed by the European Court of Human Rights in two judgments it delivered in 2018, namely Zehra Foun-dation and others v. Turkey (10 July 2018) and Molla Sali v. Greece (19 December 2018). Both judgments deal, from differ-ent angles of approach, with the question of the compatibility with the Convention of a regime based on Sharia. In the Zehra Foundation judgment, the Court recalled the incompatibility between supporting a regime based on Sharia and the values un-derlying the Convention and more generally human rights. In the Molla Sali judgment, the Court, faced with a case of concrete ap-plication, in Greece, of rules stemming from the Sharia, laid down the conditions to be fulfilled in order to create a special status referring to Sharia. This contribution aims to reconcile the lessons learned from these two judgments, which both stem from the famous Refah Partisi and others v. Turkey case.
Translated title of the contributionCan a regime based on Sharia be compatible with the European Convention on Human Rights?
Original languageFrench
Pages (from-to)3-29
JournalJournal européen des droits de l'homme / European Journal of Human Rights
Volume2020
Issue number1
Publication statusPublished - 2020

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