Justifikasi Dukungan European Court of Human Rights Terhadap Pelarangan Burqa di Belgia Tahun 2017

Authors

  • Despasya Yonada
  • Elistania Elistania

Keywords:

burqa, human rights, Belgium, Europe

Abstract

This study aims to analyze the factors behind European Court of Human Right’s justification on their support of the Belgian burqa ban policy. In analyzing this case, the author used the rational choice concept. This research is a qualitative research. The results of this study indicate that the Belgian burqa ban is a form of restriction to human rights which is protected by the European Convention of Human Rights. The reasoning behind the justification of the European Court of Human Rights for this policy is that this policy is considered to be proportionate to the legitimate aim pursued. Furthermore, since there is no consensus among the state members in regard to the judgments, the Belgian government thus granted a ‘wide’ margin of appreciation which led to the enactment of burqa ban policy in Belgium.

References

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Published

2021-07-08

How to Cite

Yonada, D., & Elistania, E. (2021). Justifikasi Dukungan European Court of Human Rights Terhadap Pelarangan Burqa di Belgia Tahun 2017. Balcony, 5(1), 41–54. Retrieved from https://jom.fisip.budiluhur.ac.id/index.php/balcony/article/view/232

Issue

Vol. 5 No. 1 (2021)

Section

Articles

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