In its case law, concerning the right of Muslim women to manifest their religion by wearing the hijab, niqab and burqa, the European Court of Human Rights (ECtHR) has deferred to the State's portrayal of Muslim women as simultaneous victims (of Muslim men) and threats (to societal and political security). This paper uses securitization discourse to explore the construction of Muslim women as an existential threat in the ECtHR. It argues that by not challenging the portrayal of Muslim women as a threat to societal and political security, the ECtHR is failing to fulfill its role as 'the guardian of rights'. However, were the ECtHR to do so, this may result in the ECtHR itself being viewed as an existential threat, which in turn could undermine its influence and legitimacy.

Stephanie E. Berry is Lecturer in Public Law at the University of Sussex.She has published in the fields of freedom of religion or belief and minority rights, and has a specific interest in the rights of Muslims in Western Europe. Notably, Stephanie acted as a legal advisor for the applicant in the case of SAS v France (European Court of Human Rights), and challenged the legality of the so-called French burqa ban.