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Thesis

English

ID: <

10670/1.qmq7ev

>

Where these data come from
Representation of Muslim women in French jurisprudence : critical discourse analysis

Abstract

The issues of secularism and egalitarianism are at odds with each other in today’s French society. Arguably, minorities, including female Muslim immigrants encounter inequality and bigotry – everywhere from public spaces to employment opportunities – particularly social, economic, and religious discrimination. This has disproportionately affected Muslim women who wear religious attire, or the attire which is considered has religious character, and has led to a series of legal disputes in the context of secular laws and the French laïcité.The research investigated the discourses within French jurisprudence by looking at the decisions of two national Supreme Courts (Cour de Cassation and Conseil d’État) concerning Muslim women. To dissect the problem more closely, the dissertation features two case studies which are commonly called the Baby-Loup case and the burkini case. The main theoretical framework utilised in this study is CDA, with secondary analysis using the social constructionist theory. Applying CDA to the legal sphere renders valuable insight into legal texts and decisions through sociological lens. The analysis supports the conclusion that the jurisprudences raise issues of socio-political nature about the power of dominant ideology present within law institutions, and thus how they influence the representation of Muslim women in France. Despite divergent judgements, the CDA reveals that legal discourses support the notion on unequal treatment of them as non-preferred citizens – a burden within a majoritarian, liberal secular society – thus deepening their vulnerability and exacerbating overall inequality.

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