The chapters in this section of the book have analysed the current debates over the approach taken by the European Court of Human Rights (ECtHR) in the Refah case, and to some extent in the Sahin case. A key, but seldom identified, future problem in the interpretation of the European Convention on Human Rights (ECHR) in the context of Islam and Muslim religious practices and beliefs is the problematic role of the concept of ‘dignity’ in that debate. The ECtHR has failed to articulate an understanding of dignity that comes close to being persuasive, yet British courts rely on this ‘thin’ conception as a central plank in their current approach to examining the compatibility of some manifestations of religious beliefs with the ECHR, and Islam may be significantly affected by this in the future.

To be protected by the ECHR, beliefs must be ‘worthy of respect in a democratic society and … not incompatible with human dignity’. The ECtHR has struggled with cases involving claimants’ religious beliefs that may be seen to adopt a view of women’s proper role and behaviour that differs from that of Western society. There is a danger here of creating human rights outlaws. But as Lord Walker has said, ‘in matters of human rights the court should not show liberal tolerance only to tolerant liberals’. There is a basis for more than mere tolerance: in due recognition of the dignity of both parties to the case.