Legal Commitments of Europe with regard to Freedom of Hijab

The freedom of thought and religion is a universal norm which is enshrined in several legal international documents and constitutions. According to the International Covenant on Civil and Political Rights, even in emergency situations or war, termination or erosion of freedom of conscience and religion is not accepted. The guarantee of religious freedom should be both in the area of theory and practice, taking into consideration that every religion has its own symbols which would be naturally visible in the society. Although 'individual' and 'right's are the main concepts in European legal literature, the fast increase of cultural diversity in European communities has created new challenges for the protection of human rights including the right of expressing religion and belief. In recent years the hijab of the Muslim women has been the subject of increasing debate in the European countries. Expansion of this trend to other countries (Azerbaijan) and its application to non-citizens emphasizes the necessity of a legal assessment of the international commitments and obligations of states for providing the ground for freedom of religious expression (including cover and symbols). The present article aims to evaluate the limitations against the hijab of Muslim women with reference to European states commitments and obligations.