I will advance the thesis that the banning on Muslim headscarves in French schools is not justified. By saying that the French ban on Muslim headscarves in public schools is not justified, I mean that, even though this ban was implemented as a means to neutralize public space, in hope of developing autonomy, as well as to protect females’ rights in traditional Muslim communities, the ban actually infringes on a more pressing rights of a person, and thus means that it is not justified as it does more harm than good. I have two reasons for attacking the justification of the ban on Muslim headscarves; first, the children’s autonomy; and second, positive and negative liberty. As mentioned above, my thesis asserting that the ban on Muslim headscarves in French public schools is not justified is heavily dependent on the fact that “banning adults from wearing religious symbols in public institutions an infringement of basic human rights (Gereluk 2005, p.260) ”, in which I will illustrate that the French government’s justifications are actually derived from a mere intolerance of Islam; I will first disprove the justifications provided for this ban and reveal their foundation of intolerance, then I will proceed to prove the that the ban is limiting basic human rights.
In political discourse, one of the most important features of the French government is the laïcité, which is the French commitment to a separation of religion and state. Due to this commitment of separation, the laïcité marks religious identity as private, so by no means does religion interfere with the public side of France, and thus it is the duty of the state to preserve public areas by excluding all religious beliefs, which, then makes it neutral. More specifically, the ...
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...t my thesis asserting the ban of Muslim headscarves in French public school is, in no way, justified is incontestable.
Works Cited
Berlin, Isaiah (1969): Two Concepts of Liberty, in: Liberty: Incorporating Four Essays on Liberty. Oxford University Press, 118-172.
Valentini, Laura (2014): Religion and the State. Lecture, London School of Economics and Political Science. London, UK. 20 Jan. 2014.
Gereluk, Dianne (2005): Should Muslim headscarves be banned in French schools?, in: Theory and Research in Education. Sage, 259-271.
Laborde, Cecile (2013) : Political Liberalism and Religion: On Separation and Establish*, in: The Journal of Political Philosophy. Vol. 21. John Wiley & Sons Ltd, 67-86.
Laborde, Cecile (2006): Female Autonomy, Education and the Hijab, in: Critical Review of International Social and Political Philosophy. Vol. 9. Routledge, 352-377.
In the article, Chesler uses several persuasive appeals in an attempt to convince readers to support France’s ban on head coverings. While some may argue that banning religious clothing infringes on Islamic law, Chesler points out that “many eloquent, equally educated Muslim religious… women insist that the Koran does not mandate that women cover their faces… Leading Islamic scholars agree with them.” In an appeal to logos, Chesler uses facts, gathered from educated Muslim women and Islamic scholars, to show that this argument is illogical because the burqa is not required. Chesler continues logos appeals by citing the Sheikh of al-Azhat University as saying “The niqab is tradition. It has no connection to religion.” This passage demonstrates ethos as well, but carries on the idea that burqas and niqabs are not required by Islamic law, making the ban perfectly logical. The idea is that, since these garments are not mandatory in the Koran’s broad requisite of “modest dress,” the ban does not infringe on religious rights, making the ban a logical choice. Chesler takes the argument one step further by insisting that the burqa is not only optional, it is detrimental to wearers. The argument that “it is a human rights violation and constitutes both a health hazard and is a form of torture” to women who wear burqa exhibits both logos and pathos. By pointing out that burqas are a possible “health hazard,” Chesler uses unappealing syntax to make readers believe that burqas are unhealthy and i...
For some women wearing a veil is not something that is forced on them but rather a choice of their own. Martha Nussbaum and Maysan Haydar are both authors that try to explain their reasoning that veiling isn't an oppressive tool used against women. Martha Nussbaum's article “Veiled Threats”, is a political and philosophical take on why banning the burqa is a violation of human rights. On the other hand Maysan Haydar’s article “Don’t Judge a Muslim Girl by Her Covering”, is a more humorous and personal take on why veiling shouldn't be as judged or stereotyped. Though Nussbaum and Haydar have equal goals this essay is being used to understand the main argument, claims and whether or not each article has any weaknesses.
The Declaration’s proclamations of the “unalienable and sacred rights of man,” point towards religious undertones; however, Revolutionary France discontinued a state religion (National Assembly). Therefore, although the language of the document indicates a religion influence, it shies away from a religious focus. Thus, the Deistic thought which stemmed from the Enlightenment, although somewhat muted, clearly inspired the course of the French documents in a similar manner to that of the United States, in spite of the evolving viewpoints of the time. In addition to a religious disposition, statements regarding the “natural, unalienable, and sacred rights of man,” indicate humanistic and morally inclined focuses from the Enlightenment (National
For more than a century, the concept of secularism and its boundaries has been widely disputed by secularists and non-secularists alike. English dictionaries define secularism as simply the separation of church and state, or, the separation of religion and politics. Michael Walzer, a true secularist, believes that this separation is an essential democratic value and ultimately fosters toleration of a plurality of religions (Walzer, p. 620). Wæver, an opponent of secularism, defines secularism as “a doctrine for how society ought to be designed”– that religion and politics ought to be divided in order to ensure religious liberty, as well as religious-free politics. However, he does not deem that such a principle exists (Wæver, p. 210). Based on these different viewpoints, I have established a unique concept of secularism: the principle that religion and politics be kept apart, that the state remains neutral in regard to religion, and that liberty, equality, and fraternity be upheld in an attempt to successfully promote religious toleration and pluralism.
In Joan Scott’s book The Politics of the Veil she argues that contemporary understandings of Muslims and their place in French society are rooted in a longer history of racism and colonialism that reaches back to the 19th century. The controversies of wearing a veil in France have root causes dating back to French colonial. Scott traces back through time to examine the initial history between these two nations. She addresses the causes through her themes of racism, individualism, secularism and sexuality in which she intertwines to give light on the veil controversies.
... middle of paper ... ... But as long as the Church and State have anything to do with one another, the struggle will continue. Bibliography:..
Muslims, Sikhs, and many other religious affiliations have often been targeted for hate crimes, racial slurs, and misfortunate events. We are all different in our own ways some are good and some are bad yet one event changes everything for everyone affiliated with the group. The book The Politics of the Veil by Joan Scott a renowned pioneer in gender studies gives a detailed and analytical book of about the French views towards the Muslim females in France during 2004. The author talks about why the French governments official embargo of wearing conspicuous signs is mainly towards the headscarves for Muslim girls under the age of eighteen in public schools. The main themes of book are gender inequality, sexism, and cultural inequality historical schools used in the book are history of below, woman’s history, cultural history, and political history. In this essay, I will talk about why Joan Scotts argument on why the French government’s ban on wearing conspicuous signs was
The First Amendment’s Free Exercise and Establishment clauses guarantee the freedom of religion. Allowance of this fundamental human right creates a clear barrier between life in America and life in illiberal nations like Iran and France. After the revolution in 1979, Iran turned into an Islamic state (“The Veil of Oppression”). Religion police adopted radical dress codes for the public and there wer...
...e, vague topics. The disunity made the Church too unstable to continue possessing political power and so the State became the head of politics, and now we have separation of Church and State, which is renders this time “a secular Western culture” (Powell 6).
The French people were quick to blame the government for all the misfortune they possess, yet ignored the potential evil or crisis the social body was heading towards within themselves. Because of the rapid sequence of horrific events in the beginning of the French revolution, it prevented the subversive principles to be spread passes the frontiers of France, and the wars of conquest which succeeded them gave to the public mind a direction little favorable to revolutionary principles (2). French men have disgraced the religion by ‘attacking with a steady and systematic animosity, and all it is there that the weapon of ridicule has been used with the most ease and success (2). Metternich was not in support of the French
The Declaration declares that all French citizens must be guaranteed their natural born rights of “liberty, property, security, and resistance to oppression.” In the Declaration, it disputes that there is a need for law that protects the citizens of Fra...
Most of these things it is possible to see through the analysis of the situation that exists in practice and analysis of several court cases. In France, for years women with Hijab encounter problems, both in education and in ...
A growing issue for modern schools that is almost impossible to avoid nowadays is the question of students’ appearance. Whereas children and teens would most likely enjoy dressing the way they want, teachers and education authorities lean toward students wearing standardized uniforms over free dress. As with any argument, there are many opponents and proponents of a mandatory enabling of school uniforms, both with reasonable arguments in favor of their claims. However, it is in my opinion that students should not be forced to wear uniforms, as it can negatively affect their personalities.
Davis, Derek H. “Reacting to France’s Ban: headscarves and other Religious Attire in American Public Schools.” Journal of Church and State. Spring 2004. EBSCO. Online. Feb 28 2010.
The separation that exists between the functioning and activities of the church from the state has serious implications in the society and will greatly influence how decisions regarding laws are made at the state level. Although some of the laws made by the state do not conform to the doctrines found in religious entities, the state guarantees the freedom to the church in order to accord each organization the freedom it deserves to worship. This means that the state and laws of any society do not take sides, and any belief in the conduits on the society does not allow for support from the state. The principles of separation of the church from the state and political neutrality...