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Title: Banning the burqa : a human rights approach versus a common good approach
Authors: Ellul, Maria Claire
Keywords: Criminal law -- Malta
Civil law -- Malta
Human rights -- Malta
Constitutional law -- Malta
Muslim women -- Legal status, laws, etc. -- Malta
Burqas (Islamic clothing) -- Law and legislation -- Malta
Issue Date: 2018
Citation: Ellul, M.C. (2018). Banning the burqa : a human rights approach versus a common good approach (Bachelor's dissertation).
Abstract: ‘Given the reaction of some parts of the media, one could be forgiven for assuming that Europe and the rest of the Western world has become besieged by burqa-clad women’. The burqa ban has been the subject of extensive debate for several years, by several legal systems. Indeed, it depicts an imagery of great concern due to the burdensome identification of a person hiding behind such apparel, whereby the concept of national security, coupled with the prevailing rights of women and the element of social cohesion would be considerable undermined. This initial part of this paper looks into the historical origins which led to the customary practice of veiling, whilst encompassing the several interpretations of the Quranic texts which ‘imply’ the obligation to wear such attire. It is felt that it is important to include a comparative overview, due to the very nature of the Maltese legal system, which tends to look beyond its shores, to seek inspiration and reach conclusions from the legal systems which have inspired it. This aim is evidenced in section two of this paper. This study aims to show how; one can mesh antique concepts of interpretations, such as the Qur’an, with sufficiently modern concepts, such as Human Rights, in order to provide judicial remedies to those who have been wronged, or placed at a disadvantage. The focal point of this paper takes the reader on a roller coaster ride of thorough analysis of the European Court of Human Rights judgements on the burqa ban, from a Human Rights’ and a Common Good Approach, whilst accompanied by an extensive analysis of Maltese parliamentary debates. This paper concludes by proposing recommendations which can be considered by relevant stakeholders in order to crystallize the current ambiguities present in article 338(n) of the Maltese Criminal Code.
Description: LL.B
Appears in Collections:Dissertations - FacLaw - 2018
Dissertations - FacLawPub - 2018

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