Advanced search
1 file | 267.12 KB Add to list

Head Coverings in the Courtroom: A Question of Respect for the Judge or of Judicial Tolerance?

Eva Brems (UGent) , Corina Heri (UGent) and Lieselot Verdonck (UGent)
(2016) p.1-6
Author
Organization
Abstract
The Human Rights Centre at Ghent University (the HRC) first initiated the present research while preparing an amicus curiae brief in the Lachiri v. Belgium case before the European Court of Human Rights (ECtHR). The applicant in Lachiri, who was a civil party in legal proceedings concerning the murder of her brother, was denied access to a Brussels courtroom after refusing to remove her Islamic headscarf . Ms. Lachiri’s admission was refused in reliance on Article 759 of the Belgian Judicial Code (Gerechtelijk Wetboek/ Code Judiciaire), which provides that “[t]he audience will attend the sessions with their heads uncovered, respectfully and silently; whatever the judge commands for the maintenance of order will be punctually and immediately executed.” In its third-party intervention, the HRC sought to supply the ECtHR with additional information concerning three points: the debate on the wearing of Islamic headscarves in Belgium, the history, object and purpose of Article 759 of the Belgian Judicial Code, and the scope of the State margin of appreciation in prohibiting religious items of clothing.
Keywords
HRC

Downloads

  • Head-Coverings-in-the-Courtroom.pdf
    • full text
    • |
    • open access
    • |
    • PDF
    • |
    • 267.12 KB

Citation

Please use this url to cite or link to this publication:

MLA
Brems, Eva, et al. Head Coverings in the Courtroom: A Question of Respect for the Judge or of Judicial Tolerance? Human Rights Centre, Ghent University, 2016, pp. 1–6.
APA
Brems, E., Heri, C., & Verdonck, L. (2016). Head Coverings in the Courtroom: A Question of Respect for the Judge or of Judicial Tolerance? Ghent, Belgium: Human Rights Centre, Ghent University.
Chicago author-date
Brems, Eva, Corina Heri, and Lieselot Verdonck. 2016. “Head Coverings in the Courtroom: A Question of Respect for the Judge or of Judicial Tolerance?” Ghent, Belgium: Human Rights Centre, Ghent University.
Chicago author-date (all authors)
Brems, Eva, Corina Heri, and Lieselot Verdonck. 2016. “Head Coverings in the Courtroom: A Question of Respect for the Judge or of Judicial Tolerance?” Ghent, Belgium: Human Rights Centre, Ghent University.
Vancouver
1.
Brems E, Heri C, Verdonck L. Head Coverings in the Courtroom: A Question of Respect for the Judge or of Judicial Tolerance? Ghent, Belgium: Human Rights Centre, Ghent University; 2016. p. 1–6.
IEEE
[1]
E. Brems, C. Heri, and L. Verdonck, “Head Coverings in the Courtroom: A Question of Respect for the Judge or of Judicial Tolerance?” Human Rights Centre, Ghent University, Ghent, Belgium, pp. 1–6, 2016.
@misc{7196861,
  abstract     = {{The  Human  Rights  Centre  at  Ghent  University  (the  HRC) first  initiated the  present research while preparing an amicus curiae brief in the Lachiri v. Belgium case before the European Court of Human Rights (ECtHR). The applicant in Lachiri, who was a civil party in legal proceedings concerning the murder of her brother, was denied access  to 
a  Brussels courtroom  after  refusing  to  remove  her  Islamic  headscarf
. Ms. Lachiri’s admission was refused in  reliance on  Article  759  of  the  Belgian  Judicial Code  (Gerechtelijk  Wetboek/ Code  Judiciaire),  which 
provides that “[t]he audience will attend the sessions with their heads uncovered, respectfully and silently; whatever the judge commands for the maintenance of order will be punctually and immediately executed.”
In its third-party intervention, the HRC sought to supply the ECtHR with additional information concerning three points: the debate on the wearing of Islamic  headscarves  in  Belgium,  the  history,  object  and  purpose  of  Article  759 of  the Belgian Judicial Code, and the scope of the State margin of appreciation in prohibiting religious items of clothing.}},
  author       = {{Brems, Eva and Heri, Corina and Verdonck, Lieselot}},
  keywords     = {{HRC}},
  language     = {{eng}},
  pages        = {{1--6}},
  publisher    = {{Human Rights Centre, Ghent University}},
  title        = {{Head Coverings in the Courtroom: A Question of Respect for the Judge or of Judicial Tolerance?}},
  year         = {{2016}},
}