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Abstract
This thesis examines the intersection of Western feminist discourse, secular legal frameworks, and the marginalization of Muslim women who wear the hijab in Europe. It explores how dominant feminist narratives, often rooted in secular ideals, have shaped legal and social policies that restrict Muslim women’s religious expression under the guise of gender equality and emancipation. By analysing key legal cases from the European Court of Human Rights — including Dahlab v. Switzerland, Şahin v. Turkey, and Dogru v. France — this study highlights judicial patterns that prioritize secularism over religious freedom and individual agency. Employing an interdisciplinary approach that integrates critical discourse analysis, intersectional feminism, and legal critique, this research challenges the assumption that the hijab is inherently oppressive. Instead, it argues that anti-veil laws and public discourse surrounding veiled Muslim women contribute to systemic discrimination, limiting access to education, employment, and public life. The study also examines the broader implications of these policies, showing how they reinforce gendered, Islamophobic, and racialized narratives that exclude Muslim women from the feminist movement and European society. Ultimately, it advocates for a more inclusive feminist approach that respects minority rights and cultural and religious diversity while upholding autonomy. By interrogating the biases embedded within Western feminist and legal discourses, this research seeks to advance a more nuanced, intersectional understanding of gender equality — one that advocates for the rights of all women, regardless of their religious or cultural background.