Courts, Pluralism and Law in the Everyday: Food, Clothing and Days of Rest

Description

This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline-grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration – the United States of America, Canada, France and Italy – exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on “personal philosophy”. The book will be of interest to researchers, academics and policy-makers working in the areas of constitutional law, law and cultural diversity, human rights, minority rights and discrimination law. Cover Half Title Series Title Copyright Contents Acknowledgements Introduction 1 Food Food choice accommodation in the USA The context The (debated) “right to food choice” Religious accommodation in the US legal system: from RFRA to RLUIPA Food accommodation in US correctional facilities The challenge of food accommodation policies of US correctional facilities in court Why must religious creed be deemed sincere? How about . . . steak and sherry every Friday? Avoiding “legal opportunism” Food choice at school Food choice and identity Food choice accommodation in Canada, between religion and conscience A starting point: the “accommodation crisis” in Quebec Identity and space: the case of eruv Food and space Food accommodation in prison: religion, conscience or culture? Food accommodation at school Veganism is a creed? The Ontario Human Rights Commission’s definition of creed The European Court of Human Rights case law on food choice Food choice accommodation in France What is “neutrality”? Food choice at school Food choice accommodation in Italy Cultural pluralism in Italy Food and culture Juridification and accommodation of food choice in Italian correctional facilities 2 Clothing Clothing choice in the US The context The case of school dress codes School dress codes after Tinker Clothing choice in prison Clothing, equality and discrimination: dress codes and the juridification of gender social norms Clothing and religious liberty Clothing choice in Canada The context The accommodation of the Sikh Kirpan . . . . . . and of the Sikh turban Another Sikh tenet: uncut beard Clothing rights and the identity of majority: can the RCMP’s uniform be accommodated? Hijab Face veils at trial Face veils and the citizenship oath Face veils in Quebec Clothing choice in France The liberté vestimentaire outside the religious context The liberté vestimentaire and the freedom not to wear anything or some clothing items The liberté vestimentaire and religious clothing Foulard, bandana or just fashion? The definition of religious symbols and its paradoxes in the ECtHR case law Religious symbols at work and the “entreprise de tendance laïque” Bandanas turning into headscarves at work: the ECJ’s ruling The “loi burqa” . . . . . . and the “Burqini”? Clothing choice in Italy The context Clothing rights in the workplace Clothing choice as an expression of the decorum of the place: the case of MPs Clothing and decency in public places . . . . . . and at school Religious clothing Wearing the Kirpan 3 Days of rest Days of rest in the US The context “Blue laws” The “secularity” of Good Friday Temporalization and accommodation in the school context Days of rest in Canada The context Temporalization in constitutional adjudication . . . . . . and at the provincial level Religion and culture? The role of multiculturalism Temporalization and education Days of rest in France A historical overview from Dimanche to décadi and back . . . . . . and over: holidays and days of rest today The emergence of the religious dimension The school calendar and laïcité Days of rest in Italy The context Holidays at work Denominations with agreements Denominations without an agreement The impact of the accommodation of days of rest on the majority School Conclusion Index