<9> O. De Schutter and J. Ringelheim, "La renonciation aux droits fondamentaux. La libre disposition du soi et le {regne} de {l'echange}", CRIDHO Working paper series 1/2005.
In these circumstances, it can reasonably be argued that the applicant's exclusion from lectures and examinations and, consequently, from the University itself, rendered her right to education ineffective and, therefore, impaired the very essence of that right.
18.
The question also arises whether such an infringement of the right to education does not, ultimately, amount to an implicit acceptance of discrimination against the applicant on grounds of religion. In its Resolution No. 1464(2005) of 4 October 2005, the Parliamentary Assembly of the Council of Europe reminded the member States that it was important to: "fully protect all women living in their country against violations of their rights based on or attributed to religion".
19.
More fundamentally, by accepting the applicant's exclusion from the University in the name of secularism and equality, the majority have accepted her exclusion from precisely the type of liberated environment in which the true meaning of these values can take shape and develop. University affords practical access to knowledge that is free and independent of all authority. Experience of this kind is far more effective a means of raising awareness of the principles of secularism and equality than an obligation that is not assumed voluntarily, but imposed. A tolerance-based dialogue between religions and cultures is an education in itself, so it is ironic that young women should be deprived of that education on account of the headscarf. Advocating freedom and equality for women cannot mean depriving them of the chance to decide on their future. Bans and exclusions echo that very fundamentalism these measures are intended to combat. Here, as elsewhere, the risks are familiar: radicalisation of beliefs, silent exclusion, a return to religious schools. When rejected by the law of the land, young women are forced to take refuge in their own law. As we are all aware, intolerance breeds intolerance.
20.
I end by noting that all these issues must also be considered in the light of the observations set out in the annual activity report published in June 2005 of the European Commission against Racism and Intolerance (ECRI), which expresses concern about the climate of hostility existing against persons who are or are believed to be Muslim and considers that the situation requires attention and action in the future <10>. Above all, the message that needs to be repeated over and over again is that the best means of preventing and combating fanaticism and extremism is to uphold human rights.
<10> European Commission against Racism and Intolerance, "Annual report on ECRI'S activities covering the period from 1 January to 31 December 2004", doc. CRI (2005)36, Strasbourg, June 2005.