Islamic headcovers and veils for women in the case law of the European Court on Human Rights in Strasbourg

The article analyses the case law of the European Court on Human Rights in cases relating to prohibitions to wear Islamic headcovers by women. Such headcovers, having their prescriptive source in the Qur'an, are part of the Islamic religion and culture. Therefore wearing headcovers constitutes an element of freedom of religion protected under Article 9 of the European Convention on Human Rights. On several occasions the Strasbourg Court has been confronted with the question of whether - and if so, under what conditions - a State-Party to the Convention may interfere in this practice. The analysis reconstructs how the relevant Convention standard has been emerging step by step in the case law of the Court (and the European Commission on Human Rights that existed until 1 November 1998). The issue of women headcovers became especially pertinent when France adopted a statute prohibiting headcovers (as a conspicuous religious symbol) in public schools (2004). Recently several Member-States of the Convention either already adopted or are working on a legislation that prevents women from wearing veils in public places. It brings the question of how such a legislation might be made compatible with the Convention.