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Empathy and Human Rights: the Case of Religious Dress

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journal contribution
posted on 2018-01-09, 11:44 authored by Peter Cumper, Tom Lewis
There has been a huge growth in the study of the concept of empathy—taking the perspective of others—across academic disciplines in recent decades. However, whilst a number of scholars and philosophers have argued that empathy might provide some theoretical underpinning for human rights norms, there has been little exploration as to how empathy might actually be used in the practical adjudication of human rights claims. This article seeks to address this gap. By using as a case study the European Court of Human Rights case law on Article 9 on religious dress and symbols, the authors explore how the concept of empathy might improve the Court’s adjudication on this issue via a process of attempting to understand and give weight to the profound commitment that religious dress/symbols may represent to people of faith.

History

Citation

Human Rights Law Review, 2018, ngx046

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

  • AM (Accepted Manuscript)

Published in

Human Rights Law Review

Publisher

Oxford University Press (OUP)

issn

1461-7781

eissn

1744-1021

Acceptance date

2017-12-21

Copyright date

2018

Publisher version

https://academic.oup.com/hrlr/advance-article-abstract/doi/10.1093/hrlr/ngx046/4838035?redirectedFrom=fulltext

Notes

The file associated with this record is under embargo until 24 months after publication, in accordance with the publisher's self-archiving policy. The full text may be available through the publisher links provided above.

Language

en

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