CEU Electronic Theses and Dissertations, 2017
| Author | Efimenko, Ekaterina |
|---|---|
| Title | Legislation on wearing religious symbols and clothing at Russian public schools: following Europe or keeping its own path |
| Summary | Legislation on wearing religious symbols and clothing at Russian public schools: following Europe or keeping its own path By Efimenko Ekaterina Submitted to Central European University Department of Legal Studies In partial fulfillment of the requirements for the degree of MA Human Rights… Supervisor: Professor Brett Scharffs Budapest, Hungary 2016 ABSTRACT This paper focuses on international (European Court of Human Rights) and national courts reasoning and decisions in cases concerning students wearing religious symbols and clothes at public schools in Russia and France, as well as the national legislation on the same issue. The major question of this comparative research is whether Russia will follow the French approach of total state secularization in the public education or will leave it for regional governments to decide upon this issue. The methodological approach used for the analysis presents the comparison of the relevant legislation on two levels, formal (legal form and implementation) and content. The chosen method of comparison of the actual cases follows the three-part test used by the ECtHR to establish whether there was a violation of the human right. Considering that Russian and French legislation and case-law regarding the restrictions of the religious manifestation in public schools has very different legal forms (federal law versus regional enactment) and implementation (binding on the whole territory of France versus only the territory of the region where it was issued) and is based on different political and cultural concepts (public order and unified Republican values versus family and children values), I conclude that most probably, the Russian federal government will not follow French model of secularization by introducing a federal ban on wearing religious clothing at school, but will leave the decision to the regional authorities to avoid conflicts with the predominately Muslim regions that are important for Russian state economically and politically. |
| Supervisor | Scharffs, Brett |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2017/efimenko_ekaterina.pdf |
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