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The Right to Religious Manifestation and the Politics of Intersectionality at the ECtHR

Gender
Human Rights
Religion
Courts
Feminism
Pablo José Castillo Ortiz
University of Sheffield
Pablo José Castillo Ortiz
University of Sheffield

Abstract

From the 90s, the right to religious manifestation has become increasingly salient in the case law of the European Court of Human Rights. The intersectional character of the implications of the right, which affects differently people from different gender and religious backgrounds, has proved a source of political tension with the potential to affect judicial decision-making. Relying on an original dataset, and with the aid of statistics and configurational analysis, the paper will analyse the decisions of the ECtHR on this right, focusing on the impact of variables such as the gender, religion, nationality of the applicants and judges, as well as on the interaction among these variables.