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The Right to Freedom of Worship as Used in the European Convention on Human Rights: Analysis of Legal Norms Prohibiting Wearing Hijab in Public Places

The author considers the question of the legality of the prohibition on Muslim hijab wearing in a non-Muslim society and views it as an opportunity to understand how Western and Islamic cul-tures interact not only from a scientific or theoretic perspective, but also from a practical one, be-cause a lot of Muslims either live in or visit Western countries. The aim of the article is to determine through analysing current legislation of different countries and their court rulings how the two en-tirely opposed legal traditions relate to each other. Methodologically, the author clearly distinguishes between such concepts as Sharia, fiqh and Islamic law. Applying the method of comparative analy-sis, the author takes two approaches of comparative law: the dogmatic (related to theory) one, and the cultural one, since it is known that Islamic law derives from religious precepts. The author con-cludes that the hijab ban, which appears to be an indispensable part of the globalisation process, is contrary to the first part of Article 9 and to Article 18 of the Universal Declaration of Human Rights. However, the latter is only advisory by its nature, while the rulings of ECHR in which the Court does not consider the prohibition on hijab wearing a violation of the right to the freedom of worship, are grounded by vague wordings.