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Title: Empathy and Human Rights: the Case of Religious Dress
Authors: Cumper, Peter
Lewis, Tom
First Published: 5-Feb-2018
Publisher: Oxford University Press (OUP)
Citation: Human Rights Law Review, 2018, ngx046
Abstract: 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.
DOI Link: 10.1093/hrlr/ngx046
ISSN: 1461-7781
eISSN: 1744-1021
Embargo on file until: 5-Feb-2020
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2018, OUP. Deposited with reference to the publisher’s open access archiving policy.
Description: 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.
Appears in Collections:Published Articles, School of Law

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