Law and Islamic Dress: Rights and Fascism in Europe - Kimberley Brayson; | Foyles Bookstore
Enter your search into one or more of the boxes below:
You can refine your search by selecting from any of the options below:
Law and Islamic Dress: Rights and Fascism in Europe
Foyalty 180

Law and Islamic Dress: Rights and Fascism in Europe (Hardback)

Awaiting publication


This book conceptualises European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say 'no' to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe.

The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women's bodies in European public space.

The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

LawJurisprudence & general issuesJurisprudence & philosophy of lawLawJurisprudence & general issuesLaw & societyGender & the lawLawLaws of Specific jurisdictionsConstitutional & administrative lawHuman rights & civil liberties law Publisher: Bloomsbury Publishing PLC Publication Date: 09/03/2023 ISBN-13: 9781509910496  Details: Type: Hardback Format: Books
Availability: Awaiting publication Pre-Order

Kimberley Brayson is Lecturer in Law and Director of Learning and Teaching at Leicester Law School, UK.

More books by Kimberley Brayson

Leave Review

Delivery Options

All delivery times quoted are the average, and cannot be guaranteed. These should be added to the availability message time, to determine when the goods will arrive. During checkout we will give you a cumulative estimated date for delivery.


Location 1st Book Each additional book Average Delivery Time
Free UK Standard Delivery on Orders Over £25 (2nd Class)     3-5 Days
UK Standard Delivery (2nd Class) £2.99 £0.00 3-5 Days
UK 1st Class Delivery £3.99 £0.00 2-3 Days

Click & Collect / 
Delivery to a Foyles Bookshop


Free Free Click and Collect and Delivery to Store is available for all our shops. Collection times will vary depending on availability of items. Individual despatch times for each item will be given at checkout.
Please wait for order arrival confirmation email before making a journey to collect.
UK Courier* £7.95 £0.00 1 Working Day
Western Europe Airmail** £9.00 £1.00 7-8 Days
Rest of World Airmail*** £12.50 £1.00 7-10 Days

* For courier service please contact the Charing Cross Road store

** Includes Austria, Belgium, Cyprus, Czech Republic, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, The Netherlands, Portugal, Spain, Sweden, Switzerland

*** We are currently unable to delivery to the following countries - Afghanistan, Bangladesh, Ghana, Iraq, Lebanon, Macao, Pakistan, Puerto Rico, Saint Barthelemy, Turkey, Uzbekistan, Virgin Island US

Given the unfolding situation across Ukraine, with regret we have now suspended orders placed from, or to be delivered to, both Russia and Ukraine. Thank you for your patience and understanding. 

For goods delivered outside of the UK, the consignee (ie the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.

Customs Charges - if you are ordering goods for delivery outside of the UK, please note that your consignment may be subject to VAT (Value Added Tax), other taxes, customs duties and/or fees levied by the destination country. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Foyles has no control over additional charges in relation to customs clearance. Foyles recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.

Delivery Help & FAQs

A Year of Books Subscription Packages 

Delivery is free for the UK. Western Europe costs £60 for each 12 month subscription package purchased. For the Rest of the World the cost is £100 for each package purchased. All delivery costs are charged in advance at time of purchase. For more information please visit the A Year of Books page.

Returns Information

If you are not completely satisfied with your purchase*, you may return it to us in its original condition with in 30 days of receiving your delivery or collection notification email for a refund. Except for damaged items or delivery issues the cost of return postage is borne by the buyer. Your statutory rights are not affected.

* For Exclusions and terms on damaged or delivery issues see Returns Help & FAQs

You might also like

Gender, Sexuality and...
Wen-Chen Chang; Kelley Loper; Mara...
Liveable Lives: Living and Surviving...
Kath Browne; Niharika Banerjea
Liveable Lives: Living and Surviving...
Kath Browne; Niharika Banerjea
Discrimination Law: Text, Cases and...
Aileen McColgan QC; Eddie Bruce-Jones
© W&G Foyle Ltd