Friday, January 18, 2013

The headscarf ban in Europe


The Islamic headscarf is one of the most prominent and well-recognised religious symbols around the world. In the last decade and in the ‘war against terror’, the headscarf has become increasingly politicised and embodies the ongoing conflict between religion and modern society; it is celebrated in Muslim countries, but condemned worldwide by those who view the headscarf as an explicit example of repression against women.

The hijab has already been banned in public institutions in Turkey and France, and we have recently seen the ban of the niqab in France. It is quite clear that European countries will not accept religion as a valid excuse for ‘gender inequality’. An EU Resolution (1464) in 2005 has led the way with this approach, declaring all member states within the Council of Europe must “protect women against violations of their rights in the name of religion and to promote and fully implement gender equality. States must not accept any religious or cultural relativism of women’s human rights.” I would like to raise the issue of how hostility towards (and the subsequent banning of) the headscarf has detrimental effects for Muslim women living in the Western world.

Many Muslims women find the hijab liberating, in the sense that they are able to create their own public space and compete with men within this public space. The hijab has become an important tool for women trying to balance modernity with traditional religion as it allows them to demonstrate their commitment to Islam, within a modern social context. This is especially important when we consider the number of activities considered ‘modern’ to Muslim women: mixing with men in a social environment, corporeal visibility and participation within the public sphere. Wearing the hijab is also of great significance for women who choose to enter employment but are concerned that by leaving the private sphere, they risk damaging their social status, their family’s honour and their traditional identity. In addition, many Muslim women are in fact critical of the way in which women are portrayed and objectified in Western society and to this extent, Muslim women who wear the hijab feel liberated by the idea that they can interact with modern society without being perceived as a sexual object.

In France, there are example of women resisting the ban, not to affirm their religious beliefs, and not because they are forced to wear the Islamic dress, “but to assert a ‘quasi-personal identity’ independent of the dominant French culture.” [1] Suppressing cultural identify is likely to constitute discrimination, and such a ban is also likely to exacerbate social tensions. France also risk radicalising young women who refuse to allow the state to dictate what they wear as they believe wearing the headscarves is a purely private option, requiring no intervention from the state.

The practical consequences of a headscarf ban also need to be fully examined: will such bans prevent women and girls from attending university, or more importantly, from school? Shahbina Begum (Judgments - R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Appellants) [2006] UKHL 15) missed out on almost two years of education when her brother refused to allow her to attend school in anything less than a jilbab. Therefore such bans may drive women and girls further into isolation.

Although the headscarf may represent subordination of women to certain individuals, I believe a blanket ban completely underestimates the importance of autonomy and undermines women’s ability to exercise agency. Therefore, we should neither criticise nor prevent women who make their own decisions, especially with regard to clothing as this is an integral part of one’s identity. Walter states that the “great achievement of feminism” [2] has been to grant women freedom of choice in their personal lives and as a result, if we believe in the importance of self-determination, we must respect the choices one makes, even if we would have chosen differently. As the debate continues, we need to be sure that the translation of human rights and equality from theory to practice is sensitive to cultural identity, as we work to build a society which encourages and develops integration and multiculturalism, especially for women.


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