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 Journal17.4 (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.