Modified:
14 Aug 2009
by Dhc
Vote totals:
Yes:
50%
No:
0%
Neutral:
50%
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DEBATE: PRESIDENT SARKOZY TO BAN 'BURKA'
Posted by: vee
Karma:
54
French women should be free to wear the 'Burka'. In a major policy speech President Sarkozy has declared that the 'Burka' is not welcome in France as it is a sign of subservience so is ‘not in line with the idea that the French republic has of women’s dignity’.
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PRESIDENT SARKOZY TO BAN 'BURKA'
Contravenes the European Convention of Human Rights
The ECHR has articles that relate to the freedom of conscience & religion (article 9) and the freedom of expression (article 10). Article 9 states that everybody should have the freedom to 'manifest his religion or belief, in worship, teaching, practice and observance.'[1] Preventing Muslim women from wearing the burka would mean that they are unable to practice and observe their religion in the way they see fit therefore the French government is in breach of article 9. It is also, in my opinion, a breach of article 10, because by wearing the burka they are expressing themselves as Muslim women and by banning it their ability to express themselves through their religion is diminished.
This point is a good one however upon further scrutiny of the two relevant articles it becomes apparent that they contain certain caveats. Section 2 in both articles state that they are subject to certain restrictions 'that are in accordance with law and necessary in a democratic society'[1]. It can be argued that this would be in accordance with French law. The separation between church and state has been fiercely guarded in France, and the constitution states that the republic "does not recognise, subsidise or remunerate any religious body"[2] therefore the wearing of such an obvious religious garment as the full body burka flies in the face of this long held French principle.
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PRESIDENT SARKOZY TO BAN 'BURKA'
Potentially stigmatises Muslims
While President Sarkozy may dress this up as a defence of womans rights, there is a fear that is also an attempt to appeal to people who are distrustful of immigrants. This is not the first time he has attacked Muslim dress, with headscarves in schools previously being banned. Questions could be asked to why he does not pursue the Jewish skullcap, Christian cruxifix etc with such vigour. It is well documented that many Muslim youths feel forgotten in French society, and if the French government is seen to dicatate what they can and cannot wear, this may push them further to the fringes of society, and could in fact lead to an increase in extremism, not a decrease.
The Presidents proposal does have some support from the Islamic community in France. Dalil Boubakeur who is the rector at the Paris Mosque and former head of the Muslim Council has come out in support of the plan. He has stated that the Islamic community in France should be an "open and convivial Islam that allows people to live side by side"[1]. If the proposal is gaining such profile support, then perhaps its outcome will not be as alienating as some people fear.
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PRESIDENT SARKOZY TO BAN 'BURKA'
Why ban something with such simple reasons behind it?
The Quran might not specifically mention the word Burqa, but it complies with the code Islam has set down for the correct way of dressing for Muslim women.
One must not look at the garment and equate it with subjugation, terrorism etc but try to understand why a Muslim woman would choose to wear it.For her it symbolises a lot of things.Firstly, its a loose,plain garment, covering her from head to toe thereby helping her preserve her modesty by hiding the shape of her body and preventing her from attracting unwanted attention.
The rich and the poor both have a similar garment thereby highlighting the importance of equality in Islam.Also it shows a disregard for materialistic possessions,showing off and vanity, as it clearly states-do not judge me by how I look or what I wear but how I think and who I am.
PRESIDENT SARKOZY TO BAN 'BURKA'
'Burka’ oppresses women of having a liberated way of life
We do not have the right to dictate whether people wear the Burka or not. It might seem an oppressive garment, you might believe the wearer is subjugated or confused, we might think this is a misrepresentation of the Qur’an. They still have the right to wear it anyway. The only reason the Burka should be banned is if a woman is forced to wear it against her will. If she chooses to wear it, preventing her from doing so is an incredibly draconian measure.
‘The ‘Burka’ signifies the oppression of Islamic women living amongst western society and disables social integration which creates hostility in a work, social and public environment. Prohibition of the ‘Burka’ should be enforced irrespective of whether a woman has ‘freely’ chosen Islamic dress. Although, a complete ban of the ‘Burka’ could spark further tension as we do not yet understand the full implications of the effect this may have on women following the Islamic cultural way of life. But, allowing women the freedom to wear the ‘Burka’ also suggests an ‘allegiance to radical Islamism’ and the wearers perceived as a threat to western society, if not terrorist’. We should stop this culture from spreading and teach women that having the right move ‘freely’ is far more liberating than being covered and shunned away from anything that is natural to a human being.Sources:
Times Online:
http://www.timesonline.co.uk/tol/news/world/europe/article6557252.eceWikipedia: Hijab by Country: http://en.wikipedia.org/wiki/Islamic_dress_controversy_in_Europe#Europehttp://en.wikipedia.org/wiki/Islamic_veil_controversy_in_France
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PRESIDENT SARKOZY TO BAN 'BURKA'
Wearing of the Burka is not mentioned in the Koran
This argument is in danger of becoming undemocratic and overly authoritative. Something cannot be banned just because you do not like it. This is a dangerous principle, and if started could potentially snowball out of control. If a woman is wearing the Burka on her own free will, then it is hard to see any vaild and defendable legal principle for preventing her from doing so.
It does not state in the Koran that women have to wear the burka. This would be another argument to suggest that it is not a religious symbol that represents Islam, such as the cruxifix can claim to do for Christianity. This provides further evidence that it is worn to subjugate woman and is not for religious expression.
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PRESIDENT SARKOZY TO BAN 'BURKA'
Against french secularism
This is a created division and debate. If unity depends upon similar modes of dressing, etc. then all forms of differentiated clothing that immigrants would wear (such as robes, or 'kaftans', etc.) should also be banned. The burkha per se does not divide anyone; it is a matter of perceptions, and the ban only encourages the perception that burkhas are bad and not 'french'. In fact, separation of Church and State does not mean banning religions or expression of religious belief, but keeping religion outside the specific state sponsored or state endorsed discourse and not actively supporting or discouraging any creed or faith. In this case, there is a situation where the State is intervening in religious matters, and there is not enough evidence to support the idea that such clothing is creating such a barrier. People seeing each other is clearly not a factor that divides them - if it was, a gargantuan proportion of communications online would be prejudiced. The reason this creates division is because of perceptions being fostered by the right-wing conservatives in France against 'outsiders' with their 'foreign' ways, and burkhas represent a visual and easily targeted group. Hence, they are suffering - and unjustly so. They should have the freedom to wear these clothes and not be forced to do anything, whether the Qu'ran requires them to wear it or not.
France is strictly secular with all forms of religion kept out of the state sphere. The burqa is covered by the 2004 law that banned the wearing of headscarves in all state institutions.[1] Within French secularism the unity of the people is supposed to come before any religious difference. Secularism "determines our ability to ensure that men and women live together as equal but different, free and united." "A glue capable of uniting people against the ideological barriers that might divide them."[2] Therefore if the burqa is considered as dividing the French people from each other then it is against France’s secularism. This it almost certainly does, by preventing people from seeing each other it literally provides a barrier between people and at the same time creates considerable division and debate.
- ^ No Cover Up, The Economist, 25th June 2009
- ^ Jacques Chirac quoted in One Hundred Years of French Secularism, France Diplomatie, http://www.diplomatie.gouv.fr/en/france_159/label-france_2554/label-france-issues_2555/label-france-no.-60_3469/society-environment_3523/one-hundred-years-of-french-secularism_4562.html
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vee
|14:38, 03 July 09
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