New publication: Procedural Review in European Fundamental Rights Cases

I am happy to present a new book, Procedural Review in European Fundamental Rights Cases, which is a joint edition of prof Janneke Gerards (Utrecht University) and myself. It originated in an expert seminar we hosted jointly at Ghent University in 2015. We will be addressing this topic also in a panel at the next ICON-S conference in Copenhagen.

This is the abstract and table of contents: Continue reading

New Publication: “Doing Minority Justice Through Procedural Fairness: Face Veil Bans in Europe”

Eva Brems and I are happy to announce the publication of our article entitled “Doing Minority Justice Through Procedural Fairness: Face Veil Bans in Europe” in the Journal of Muslims in Europe. In this article we examine the bans on face veils (better known as ‘Burqa bans’) from a procedural justice perspective. This piece also gave us an excellent opportunity to reflect on how the European Court of Human Rights might deal with this matter of face veil bans in a procedurally just way.[1] One case in which the Court will have to face the issue of a face veil ban is in the case of S.A.S. v. France. The Human Rights Centre of Ghent University submitted a third party intervention in this case last year, in which we  advocated inter alia for a procedural justice approach.

The full reference of the article is Saïla Ouald Chaib and Eva Brems, “Doing Minority Justice Through Procedural Fairness: Face Veil Bans in Europe”, Journal of Muslims in Europe 2 (2013), 1-26. Please find the abstract bellow.

The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness.
Indeed, the French and Belgian bans are extreme examples of legislative
processes taking place above the heads of the people concerned, neglecting
the ban’s possible human rights impact. After exploring what the social
psychology notion of procedural fairness entails for the judiciary and the
legislator, especially in a multicultural context, this article details procedural fairness shortcomings with respect to the face veil ban in France and Belgium. Subsequently, the article sets out how the European Court of Human Rights might compensate for these shortcomings.


[1] For a general exploration of the concept of procedural justice in the context of the jurisprudence of the ECtHR, see also the recent publication by Eva Brems and Laurens Lavrysen: https://strasbourgobservers.com/2013/02/12/procedural-justice-in-human-rights-adjudication-the-european-court-of-human-rights/