In Islamic tradition, it is customary for women to be covered by some form of head scarf, whether it be a hijab, niqab, or the full face burqa. The debate surrounding the headscarf is ongoing due to a variety of perspectives and understandings of the veil and the symbolic meaning it holds. While some view it as a symbol of patriarchal oppression, others embrace the Islamic values it holds and proudly wear it as a expressive symbol of their religion and love of God.
On April 11th, 2011, France became the first country in Europe to impose a ban on the burqa in public spaces. Women were now unable to wear their burqas on the streets, in schools, government buildings, and even public transportation. French lawmakers believed this was a crucial law that needs to be implemented in order to ensure France’s secular values. Secularism has been the law in France since 1905, requiring the separation of church and state. The country does not recognize or promote a specific religion, but rather encourages a unified national identity which consists of looking beyond religious and cultural differences. The burqa ban law was passed in order to promote a “French identity” that citizens have been implicitly required to embrace. If women do not act in accordance with this law, a fine of 150 euros is imposed in addition to mandatory citizenship lessons. Such lessons are designed to “inform women of their rights” by discussing the fundamentals of gender equality while attempting to explain how the burqa violates those rights.
Supporters of these laws feel that their imposition will help to preserve culture and fight what they believe to be separatist tendencies among Muslim populations. Much of the French population believes that Islamic practices challenge French civic nationalism, which is deeply valued in French society. President Sarkozy has actively spoken out against multiculturalism stating that he does “not want a society where communities coexist side by side…France will not welcome people who do not agree to melt into a single community.” Much of the French population views the burqa as a symbol of subservience rather than an expression of religion. For this reason, many French officials are defending the new law. French Immigration Minister Eric Besson bluntly stated that he wanted “the wearing of the full veil to be systematically considered as proof of insufficient integration into French society, creating an obstacle to gaining (French) nationality.” It is estimated that only about 2,000 Muslims wear the burqa in France, even though the Muslim population is five to six million. To many, this indicates that the burqa ban is more of a symbolic statement rather than a practical application.
Arguments Against the Law
Many have found this “symbolic law” problematic on the grounds that it is a form of discrimination. Islam can be considered a demanding religion which influences a variety of elements and aspects of one’s day to day life. By assimilating to conventional French values, many Muslims believe they would be forced to give up their Islamic identity. Muslims who choose to cover themselves understand the veil to be a religious obligation in order to physically express one’s loyalty and devotion to Allah (God). As a result, those opposed to the law have argued that the ban is targeting the Muslim population and violating their human rights by eliminating their rights to individual liberties and freedom of religion. They have also interpreted the law as suggesting that one cannot be both a pious Muslim and simultaneously a good French citizen. One woman was even denied citizenship because she had seemingly failed to integrate into French society due to her veil. The ruling made by the French Immigration Court stated that she had “adopted a radical practice of her religion, incompatible with the essential values of the French community, and particularly with the principle of sexual equality.” As a signatory of the Universal Declaration of Human Rights, France requires that human rights be granted to all individuals regardless of “nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status.” Yet, many continue to argue that these rights are being violated by banning the burqa, and therefore, an expression of religion.
Arguments in Support of the Law
While the law has faced a considerable amount of scrutiny, polls have shown that it is broadly popular in France as it passed through the lower house of Parliament with only one vote of opposition. French officials in support of the law argue that it is an effort to protect French nationalism from the threat of radical Islam that they believe plague the nation. They view the burqa as only one of the many aspects of the spread of Muslim radicalism and separatism that poses a threat to the French Republic. As a result, the French government has justified its actions by using its legal authority, and even obligation, to act for public safety and to preserve the French Republic. In addition, it is thought that covering one’s face has the capability to threaten public order because those who engage in criminal activity often cover their faces. A number of French lawmakers also believe that covering one’s face can pose dangers because a woman’s vision and hearing are impaired when wearing the veil, making driving and crossing the street hazardous. Those who stand in defense of the law believe they are doing Muslim women a justice as a result of the Western beliefs that the burqa is oppressive in nature and encourages gender inequality. For this reason, the French government feels obligated to prevent the oppression of individuals.
The legality regarding the burqa ban has been widely debated due to its arguable hindrance on individual rights and liberties that France is obligated to ensure for all citizens. It also calls into question Islamophobia and the classical republicanism tradition that is present in the country. According to the United Nations (UN) committee mandated with supervising the implementation of the International Covenant on Civil and Political Rights, “the right to practice one’s religion includes the wearing of distinctive clothing and head coverings.” It also found the state’s argument labeling the full face veil as a security threat was insufficient due to the fact that it is still permissible in other contexts such as sports or the arts. The committee concluded that “a general criminal ban did not allow for a reasonable balance between public interests and individual rights.” As a result of this judgement, the UN has suggested that measures should be taken to ensure that women who wear the burqa or niqab are not fined in addition to their recommendation that the law be reviewed. The conflict between civil liberties and collective identity is a widespread issue that has plagued a variety of states for centuries. The burqa ban is only one example of this dissension and the controversy and hostility that it has generated. Through the on-going debates regarding the law, it is clear that in an effort to avoid future conflicts, civil and political rights must be universally agreed upon in order to ensure liberties for all people regardless of location.