ABSTRACT

This chapter examines which legal doctrines and arguments the Strasbourg Court uses; how the Court employs these in constructing the identity of the subject, and what type of identity are the subject constructed into. The Court by de-religionising the religious symbolism of the cross and transforming the sacred to the secular managed to downplay religion, while securing the public display of the majoritarian religious symbols. The chapter provides state neo-liberalism in the context of the specific cases by drawing parallels between the underlying power structure of the neo-liberal state and the concept of unsocial sociability that grips the fabric of the society. It explores the judgments delivered by the European Court of Human Rights. Ultimately the liberal 'lesson' extends beyond children and Muslim women to all individuals within the European liberal legal system where power relations and public morals take place.