French Burqa Ban

Imagine that you’re walking down 1st Street in Claremont Village. Maybe you’re doing a little window-shopping, going to see a movie, or on your way to your favorite frozen yogurt place…and you see a women dressed head to toe in a long, enveloping garment. Her head is covered by a headscarf, and the only part of her body you can see are her eyes behind a mesh veil. She is not hurting anyone, simply walking down the same public street that you are. How do you react? Surprised by her choice to hide her body from the eyes of any passersby, angry that this is even part of a religious practice, or perhaps even understanding that this is the way one may choose to express one’s culture?

On October 7, 2010, French Parliament passed the final hurdle in officially banning the burqa and hijab in all public places. A burqa is an outer garment worn by Islamic women to cover themselves in public places. The burqa consists of a jihab, loose clothing; hijab, a headscarf; and a niqab, a veil covering the face. It is also worn to protect the modesty of women from the eyes of men. This traditional clothing is often connected with the Islamic concept of namus, which loosely translates to “honor.” The burqa, although worn long before the beginnings of Islam by some Persian and Arab women, is modernly associated with Muslim women. The ban, introduced and voted upon iMarch 2010 with an overwhelming supportive majority, will go into effect in spring 2011.

This is not the first time religious symbols have been banned by the French government. Since March 2004, hijabs, an Islamic scarf covering the head, large Christian crosses and Jewish yarmukles have been banned in French public schools.

The ban has sparked a debate led by human rights activists and French politicians. Although France has a Muslim population of about 5 million, only approximately 2,000 of these women wear the burqa. Which brings about the fundamental question: why take the time to prohibit the burqa when it seems to affect so little of the population?

Many human rights groups, such as Amnesty International, oppose the ban because it violates a person’s right to freely practice their religion and also violates the basic concept of natural human freedoms. Should a police officer be able to walk up to a woman in a public place dressed in a burqa and fine her 150 Euros for expressing her religion in a traditional way? The likelihood of this possibility is slim. But the ban will affect more than those 2,000 who choose to dress in this way because of the stigmatism this places on the Islamic faith. As Scripps Professor of French Nathalie Rachlin, who was raised in France, commented, “To [Muslims], it sends a signalor reaffirms the idea that the French government, by and large, is not supporting or doing enough for this segment of the population.”

French Parliament deems the ban constitutional by protecting the freedom of religion and right to honor one’s culture. In this, the state asserts that the ban actually defends this right even more by keeping public places of France all the more neutral of religious signs. The separation of church and state—in France known as the system of laïcité—is supposed to provide freedom of thought and religion. Many who do not support the ban claim that the French are simply using laïcité to validate their reasoning. More recently, however, the extensive use of laïcité towards Muslims has created the sentiment of discrimination and fear towards a group that makes up 5-10% of the population and is an integral part of French culture.

Since the 9/11 World Trade Center attack, Islamic extremists have created an unrealistic stereotype, which has caused Islam to be targeted as a religious group and been subject to many prejudices throughout Europe and the world. Formally denouncing a specific type of clothing worn in the Islamic faith sends an Islamophobic message throughout France. Many feel that wearing the burqa does not externally harm anyone; in fact, if it is a woman’s choice to wear the burqa, it might make her feel safer. Implementing the ban may impose beliefs that some Islamic women may not agree with. The Western population may see this tradition as backwards, but if a woman wants to follow her religious tradition, who is the government to tell her not to do so?

But the ban may have merit yet. True supporters of the ban are those who do so for the sake of women’s rights. They believe that women will never be considered equals with men if they are forced to cover their entire bodies, including their faces. Supporters also argue that this blatantly sexist tradition only targets women and relegates them to an inferior status than that of men. “The veil, as much as it is a symbol as the inferior status of women in certain cultures or communities, is not something they think should be tolerated,” commented Professor Rachlin. Some might think that implementing the ban would detract from Islamic culture more than it would further women’s rights, but that hasn’t stopped governments from banning other culturally accepted practices that may hurt women, such as female genital mutilation and polygamy.

Many see the ban not as a movement towards women’s rights, but as a political step taken by President Nicolas Sarkozy to shift the public’s attention away from his failing economic policies. Rachlin also noted that, “Politically, I think it’s a move to distract people who may have voted for him.” Since being elected to the presidency in 2006, Sarkozy’s approval rating has dropped nearly 35% and has the lowest rating since he took office. This may be due to his pension reform and stance on immigration, which have lost many of his supporters. The ban, however, is something that most French people approve of, with 87% of right-wing and 75% of left-wing citizens endorsing.

Even in countries where wearing the burqa isn’t politically enforced and, such as in formerly ruled Taliban Afghanistan, women still may feel forced by husbands, brothers, or other family members to wear it. This pressure is lifted by the ban, as it fines 20,000 euros and up to one year in jail for any male found forcing a woman to wear a burqa. Although this would be a very hard crime to prove, it may instill fear in some men who force their female relatives to wear the burqa.

The French government also brings up the issue of security: the covering of one’s face is dangerous for public safety. Many argue that wearing what they consider traditional clothing that is sexist should not excuse one from hiding her identity. Some say that wearing a burqa could conceal dangerous weapons; even though odds are that no perpetrator of violence would seriously consider donning this traditional garb to execute their plots.

The burqa ban is a complicated issue with many compelling sides for debate. Forcing women to rid themselves of the burqa rides the fine line between women’s rights and freedom of religion. On either side of the debate lies the issue of image. Those against the ban think that removing the burqa entirely will promote negative imaging of Islam, while those who support the ban think the burqa itself is a negative image. Americans say that this type of ban would never happen in the United States, France is also a democracy, and it has already happened there. Although it is extremely unlikely that such a ban would be tolerated in the United States, it is an important question to think about and decide where you stand regarding the preservation of culture versus the fight for women’s rights. With other European countries, such as the Netherlands and parts of Italy following suit, the ban is an issue that we should continue to think about.