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dc.identifier.citationEllul, M.C. (2018). Banning the burqa : a human rights approach versus a common good approach (Bachelor's dissertation).en_GB
dc.description.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.en_GB
dc.subjectCriminal law -- Maltaen_GB
dc.subjectCivil law -- Maltaen_GB
dc.subjectHuman rights -- Maltaen_GB
dc.subjectConstitutional law -- Maltaen_GB
dc.subjectMuslim women -- Legal status, laws, etc. -- Maltaen_GB
dc.subjectBurqas (Islamic clothing) -- Law and legislation -- Maltaen_GB
dc.titleBanning the burqa : a human rights approach versus a common good approachen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Laws. Department of Public Lawen_GB
dc.contributor.creatorEllul, Maria Claire-
Appears in Collections:Dissertations - FacLaw - 2018
Dissertations - FacLawPub - 2018

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