The EU, Counter-Terrorism and the Protection of Muslims as European Minorities

The EU, Counter-Terrorism and the Protection of Muslims as European Minorities © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/187197311X602257 International Community Law Review 13 (2011) 437–459 I NTERNATIONAL C OMMUNITY L AW R EVIEW brill.nl/iclr The EU, Counter-Terrorism and the Protection of Muslims as European Minorities Tawhida Ahmed School of Law, University of Reading, UK Abstract This article examines the EU’s promotion of the religious identity of Muslims within the context of Euro- pean counter-terrorism measures. Counter-terrorism laws of the EU and its Member States impact on the religious identity of Muslims. They have an arguably disproportionate effect on the civil rights of indi- viduals in the quest to combat terrorism and can be seen to increase Islamophobia in two ways: a rise in general discrimination against Muslims and a requirement on Muslims to distance their connection to Islamic practice and traditions. EU law dealing with terrorist offences speak little of this backlash that Muslims face in European countries. Although the EU has somewhat of a framework in place which concerns the protection of Islamic identity, the reluctance of the EU to take a determined stance on the issue of the protection of religious identity is illustrated through the ambiguous nature of its legislation. Keywords Islam; religious identity; minority http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law) Brill

The EU, Counter-Terrorism and the Protection of Muslims as European Minorities

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1871-9740
eISSN
1871-9732
D.O.I.
10.1163/187197311X602257
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/187197311X602257 International Community Law Review 13 (2011) 437–459 I NTERNATIONAL C OMMUNITY L AW R EVIEW brill.nl/iclr The EU, Counter-Terrorism and the Protection of Muslims as European Minorities Tawhida Ahmed School of Law, University of Reading, UK Abstract This article examines the EU’s promotion of the religious identity of Muslims within the context of Euro- pean counter-terrorism measures. Counter-terrorism laws of the EU and its Member States impact on the religious identity of Muslims. They have an arguably disproportionate effect on the civil rights of indi- viduals in the quest to combat terrorism and can be seen to increase Islamophobia in two ways: a rise in general discrimination against Muslims and a requirement on Muslims to distance their connection to Islamic practice and traditions. EU law dealing with terrorist offences speak little of this backlash that Muslims face in European countries. Although the EU has somewhat of a framework in place which concerns the protection of Islamic identity, the reluctance of the EU to take a determined stance on the issue of the protection of religious identity is illustrated through the ambiguous nature of its legislation. Keywords Islam; religious identity; minority

Journal

International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law)Brill

Published: Jan 1, 2011

Keywords: religious identity; Islam; EU law; minority rights

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