By William Reed
With Islamic
extremism becoming more and more of a hot-topic in European politics and
everyday life, the French headscarf ban debate has come under closer
scrutiny. In 2004, France outlawed all
conspicuous religious symbols in the public space. All Christian and Jewish symbols are also
banned, but many critics believe the ban targets Muslim headscarves. In July of 2014, the European Court of Human
Rights upheld a French ban on all full-face veils in public, affecting
specifically those women who wear a niqab or burqa.[1] The ruling highlights the grey area concerning
to what extent the state should be allowed to dictate the expression of its
citizens, and how the state's rights interact with human rights.
The
issue stems from the increasing visibility of Muslim identity across the globe
and the Western view that headscarves are a symbol of gender oppression and
extremism "forced onto women by a patriarchal religion."[2] The obligation of Muslim women to wear
headscarves comes from the Quran, the holy text of Islam. Although there is no explicit reference to a
headscarf use, the language of the text has been interpreted as such. Thus, one side of the debate defends Muslims’
right to wear a headscarf as a legitimate expression of religion. This view is protected not only by
international human rights but also by many domestic state laws around the
world.
Since
wearing headscarves is assumed to be protected as a legitimate expression of
religion, all international cases regarding headscarf bans must be analyzed based
on whether or not the interference with that form of religious expression is
justified. This subjective analysis
varies from country to country. In
France, there is a strong history of secularism, known as laïcité, whose sentiments lead the charge to outlaw all forms of
religious expression in the public domain.
Further, France has tried to maintain a broad, inclusive, imagined
national identity; some believe that overt religious expression undermines this
identity. However, religious freedom is
guaranteed by the French constitution and is "limited only by restrictions
in the interests of public order."[3]
There
are a few reasons why governments decide to ban religious clothing,
particularly the headscarf. The first
and most obvious reason is adherence to a strict division between church and
state. However, by banning certain forms
of religious expression, governments may, paradoxically, become even more
involved in religion. Governments that
impose such a ban justify the law based on morality in that they prevent women
being coerced in to wearing headscarves.
The extent to which Muslim women are forced to wear headscarves is
difficult to determine, but generally it is assumed that there is not much
coercion and most women choose to wear hijabs or burqas for their own personal
reasons. Another argument follows that
the state is protecting the equality of women.
The final argument is that headscarves can be seen as a symbol of
terrorism and extremism and thus a threat.
The
success of such goals is not easy to measure but can be analyzed to a certain
extent. First one must ask if women
wearing headscarves are really contributing to the rise of global terrorism and
religious extremism and if banning headscarves would thus reduce these threats. Common sense points to the conclusion that
sartorial choices are not a significant factor in the global war on terrorism
and extremism. Second, one must question
whether Muslim women really need such drastic “rescuing” by Western governments
from their oppressive religion. Based on
the guaranteed freedoms of expression and religion, women should be making the
choice for themselves how they express their religion and governments should thus
have no place judging the merits and morals of religions.[4]
Additionally,
Muslim women who wear headscarves are a minority within French Muslims and
Muslims are a minority in France. By
removing such guaranteed freedoms, this already marginalized group is pushed
even further away from mainstream society.
If bans are directed toward achieving equality, this is a step in the
wrong direction. Headscarf bans are
extremely narrow, affecting a minority of a minority. Similarly, such laws achieve no equality of
religions because they are aimed at one religion only.[5] While officially, the laws apply to all
religious groups, they are clearly aimed at headscarves.[6]
Following the
tragedies at Charlie Hebdo in France
and other related incidents in the early part of 2015, the issue of religious
control by the state will only become more prevalent in European politics. The same incidents increase fear mongering
and stereotyping in the West aimed toward Muslims. The issue of the headscarf is a particularly
heated argument, and France and court cases concerning the relationship between
state control and human rights are gaining international publicity. With recent developments, it seems that the
headscarf issue can only become more divisive and contentious.
[1] Human
Rights Watch. "France: Face-veil ruling undermines rights".
http://www.hrw.org/news/2014/07/03/france-face-veil-ruling-undermines-rights.
Web. July 3, 2014.
[2] Osman,
F. "Legislative Prohibitions On Wearing A Headscarf: Are They
Justified?." Potchefstroom Electronic Law Journal 17.4 (2014):
1318-1349. Academic Search Complete.
[3] Adrian,
Melanie. "Laïcité Unveiled: A Case Study In Human Rights, Religion, And
Culture In France." Human Rights Review 8.1 (2006): 102-114. Academic
Search Complete. Web.
[4] Body-Gendrot,
Sophie. "France Upside Down Over A Headscarf?." Sociology Of
Religion 68.3 (2007): 289-304. Academic Search Complete. Web.
[5] Vickers,
Lucy. "Religious Freedom: Expressing Religion, Attire, And Public
Spaces." Journal Of Law & Policy 22.2 (2014): 591-611. Academic
Search Complete.
[6] Thomas,
Elaine R. "Keeping Identity At A Distance: Explaining France's New Legal
Restrictions On The Islamic Headscarf." Ethnic & Racial Studies
29.2 (2006): 237-259. Academic Search Complete.
No comments:
Post a Comment