Running Head: The Burqa Ban

Running Head The Burqa Ban

Topic : Banning Burkha or other religious gears against human rights. General Purpose : To prove that the European Court showed contempt for Islam women. Specific purpose : To advocate for respect of Muslim women and their right of freedom of expression. Central idea statement/ Thesis : Proving that the burqa and naqib ban showed contempt for the Islam religion although the court argue that it was intended to keep religion out of public life to promote security. Attention getter : Away with bans that demean Islamic freedom of expression. Justification : Religious expressions should be allowed (Willsher, 2014). Formulated policies should respect individual relation with their God and give them freedom to express themselves in the ways they find fit.

Speaker credibility : I am a Muslim living in a non Muslim country. I agree that head covering prevent the accurate identification of individuals but the bans should be done in a way that does not show contempt for a particular group of people. Preview : I intend to discuss several issues. a. Why the burqa and niqab are incompatible with the rule of law. b. Why banning burqa will not solve the issue of insecurity.

Paper For Above instruction

The controversy surrounding the banning of the burqa and other religious coverings in Europe has sparked profound debates about human rights, religious freedom, and secularism. This issue not only highlights the tension between security concerns and individual religious expression but also reflects broader societal conflicts over multiculturalism and the rights of Muslim women. The European Court's stance on these bans reveals a troubling attitude that may be perceived as contempt for Muslim women, thus warranting a closer examination of the underlying principles, motives, and consequences of such legislation.

Introduction

The question of whether banning religious attire such as the burqa infringes on human rights is complex and multifaceted. Although European governments argue that such bans are necessary for security and social cohesion, critics contend that they violate fundamental rights to religious freedom and expression. The legal and ethical implications of these bans necessitate an analysis rooted in human rights law, religious freedoms, and societal integration. This paper argues that the European Court’s approach to banning the burqa exemplifies disrespect for Muslim women’s rights and encouragement of secular nationalism that marginalizes religious minorities.

The Concept of Secularism and Its Impact on Religious Expression

European secularism, especially in France, is founded upon the principle of laïcité, which seeks to separate religion from public life to promote neutrality and prevent religious influence in governmental institutions. While this principle aims to foster social harmony, it often results in the suppression of religious expression, particularly for Muslim women who wear the burqa or niqab. As Willsher (2014) notes, France’s strict adherence to laïcité manifests in policies that directly clash with religious practices, effectively marginalizing Muslim communities and undermining their rights to religious expression. The ban on full-face coverings is thus argued to be a manifestation of secularism that threatens the fundamental freedom of religious expression granted by international human rights treaties.

Secularism and Violation of Religious Rights

The implementation of burqa bans in countries like France constitutes a violation of the right to religious freedom recognized in international law, notably the Universal Declaration of Human Rights and the European Convention on Human Rights. These laws affirm the right to hold and manifest religious beliefs without interference. The bans, however, infringe upon Muslim women’s rights to dress in accordance with their religious convictions, which are often rooted in Qur’anic teachings that emphasize modesty and concealment of beauty (Willsher, 2014). Such policies impose a secularist moral standard that disregards the personal and religious significance of the attire, thereby breaching the principles of human dignity and freedom of thought, conscience, and religion.

Security and Social Cohesion: Myth or Reality?

One of the primary justifications for banning burqas is security, yet evidence suggests that these bans do not effectively address threats to public safety. Security experts argue that face coverings do not necessarily impede identification in ways that justify infringements on religious liberties (Brumley, 2015). Furthermore, from a social perspective, the bans aimed at fostering social cohesion may in fact undermine it by marginalizing Muslim communities. Langley (2014) contends that such legislation alienates Muslim women, heightening feelings of exclusion and discrimination, which can lead to social fragmentation rather than integration.

The Political and Social Consequences of Burqa Bans

The bans have engendered social tension and communal distrust, fostering a perception of Muslim women as threats to national values. As Langley (2014) observes, many Muslim women perceive these policies as contempt for their religious identity, leading to feelings of oppression and alienation. Furthermore, these bans have ignited debates about religious and gender discrimination, with many viewing them as patriarchal attempts to control women under the guise of secularism. The societal divide deepens when governments extend bans beyond the public sphere into private spaces, further infringing on personal freedoms.

Legal and Ethical Critique of the Bans

Legally, the bans challenge the principles of equality and non-discrimination embedded in European human rights law. Ethically, they violate the principles of respect, dignity, and individual autonomy. Critics argue that the bans are discriminatory because they disproportionately impact Muslim women who choose to wear religious attire, infringing on their right to gender equality and religious expression. Morally, the legislation reflects a paternalistic attitude that assumes Muslim women cannot critically choose to wear such dress without societal coercion, overlooking their agency and religious commitments.

Implications for Muslim Women and Society

Muslim women affected by these bans often find their ability to participate fully in public life restricted. Many feel oppressed and marginalized, facing social exclusion and discrimination. For example, some women have reported altering their social and professional habits to avoid backlash, thereby limiting their personal and professional development (McPartland, 2015). The societal implications extend beyond individual oppression to broader issues of integration and mutual respect. The policies risk reinforcing stereotypes and fostering hostility, hampering efforts toward a truly inclusive society.

Conclusion

The European Court’s endorsement of burqa bans represents a troubling disregard for Muslim women’s rights to religious freedom and individual expression. Secularist policies, while aiming to promote social order, often infringe upon fundamental human rights, fostering discrimination rather than understanding. The bans do not enhance security or social cohesion but instead deepen societal divisions and oppression. Recognizing and respecting religious diversity is essential for fostering genuine social harmony and equality. Governments should adopt policies rooted in respect for human rights, ensuring that religious expression, including Islamic dress, is protected rather than persecuted.

References

• Brumley, C. (2015). Does France's 'burqa ban' protect — or persecute?. Public Radio International.
• Langley, W. (2014). France's burka ban is a victory for tolerance. Telegraph.co.uk.
• McPartland, B. (2015). Burqa ban five years on - 'We created a monster'. Thelocal.fr.
• Willsher, K. (2014). France's burqa ban upheld by human rights court. The Guardian.
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