Book contents
- Frontmatter
- Dedication
- Acknowledgements
- Contents
- List of Cases
- List of Abbreviations
- List of Contributors
- An Introduction to the Interdisciplinary Considerations of the “Burqa Ban” Trend: Criminalizing the Trivial or Separating National and International Law?
- PART I Interdisciplinary Perspectives on the Strategy of Prohibition
- PART II Legal Perspectives: Religious Clothing, Law, and a Veil-Wearer’s Experiential Account
- Part II Legal Perspectives: Human Rights Perspectives
- Part II Legal Perspectives: National Perspectives
- PART III Responses To Otherness: Gender, Race, And The Veil Factor
- Epilogue
- Index
- About the Editors
Toward “Living Together” as (A)religious Convergence: Against the Burqa Ban
Published online by Cambridge University Press: 10 December 2021
- Frontmatter
- Dedication
- Acknowledgements
- Contents
- List of Cases
- List of Abbreviations
- List of Contributors
- An Introduction to the Interdisciplinary Considerations of the “Burqa Ban” Trend: Criminalizing the Trivial or Separating National and International Law?
- PART I Interdisciplinary Perspectives on the Strategy of Prohibition
- PART II Legal Perspectives: Religious Clothing, Law, and a Veil-Wearer’s Experiential Account
- Part II Legal Perspectives: Human Rights Perspectives
- Part II Legal Perspectives: National Perspectives
- PART III Responses To Otherness: Gender, Race, And The Veil Factor
- Epilogue
- Index
- About the Editors
Summary
Abstract
While it is sometimes permissible to restrict freedom of speech and religious liberty, and granting that the burqa ban may in principle be justifiable, the actual line of reasoning provided by the European Court of Human Rights (ECtHR) is too strong and subject to counterexamples, according to the author. Wearing the burqa is not necessarily contrary to the value of’ living together. “Moreover, Muslim women should be free to wear the burqa in country-specific situations where a co-existence rationale was invoked. However, the French government banned Muslim women from wearing the burqa on the ground that it is fundamentally contrary to “living together.’ Relying on an analogy between the burqa and the ḥijāb, the author argues that if this argument is sound, it follows that the French government should act to coerce people with so-called “anti-social’ tendencies to fraternize with others or face punishment or sanctions. Since the latter policy is clearly absurd, Muslim women should be free to wear the burqa in the public space. Cases from the level of national law are discussed with a view to assessing the ECtHR's line of reasoning. Engaging with and applying work by Alasdair MacIntyre and Charles Taylor, the author closes with a critique of that same reasoning. Finally, he considers how Muslim women may move forward in their attempts to live out their faith in a way that is true to their own religious convictions as well as in a way that harmonizes with the values at work in the public spaces of the nations of the European Union.
Introduction
In this chapter, I consider and evaluate a legal justification in support of banning Muslim women from wearing the burqa. Focusing on legal cases in the European Union (EU) and the United States, I argue that it is sometimes permissible to restrict freedom of speech and religious liberty. Granting that the burqa ban may in principle be justifiable, I argue that the actual line of reasoning provided by the European Court of Human Rights (ECtHR) is too strong and subject to counterexamples. In response to arguments offered by proponents of the ban in France, I argue that wearing the burqa is not necessarily contrary to the value of “living together.”
- Type
- Chapter
- Information
- Law, Cultural Studies and the 'Burqa Ban' TrendAn Interdisciplinary Handbook, pp. 93 - 114Publisher: IntersentiaPrint publication year: 2021