Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-19T10:15:38.475Z Has data issue: false hasContentIssue false

Moving Beyond Facial Equality: Examining Canadian and French Niqab Bans

from PART III - OF WOMEN AND LEADERSHIP

Published online by Cambridge University Press:  13 April 2019

Natasha Bakht
Affiliation:
Associate Professor of Law at the University of Ottawa, Canada.
Get access

Summary

We should not coerce those we wish to liberate. And it is particularly offensive to advance our fight on the backs of those women who are now among the most marginalized and whose access to the workplace is the best guarantee of both their autonomy and their integration.

Calls by politicians to ban the niqab or burqa have become commonplace. Muslim women who cover themselves using face veils, though relatively small in number, have managed to become front-page news in many jurisdictions and have regularly captured the global imagination. French President Nicolas Sarkozy stated in front of parliamentarians that the burqa is not welcome in France. Canadian Prime Minister Stephen Harper said that the niqab was “anti-women” and that it was “offensive that someone would hide their identity” ; “[it's] not the way we do things here.” The Australian Prime Minister stated that he found the burqa “a fairly confronting form of attire and frankly I wish it weren ‘ t worn.” In the United States, Germany and Canada, Muslim women have asked courts to recognize their right to wear the niqab in a variety of contexts. The niqab has been criminalized nationally in eight countries (France, Belgium, Bulgaria, Austria, Denmark, the Netherlands, Chad and the Congo), with partial or regional bans in Canada, Italy, Switzerland, Germany, Spain, Egypt, Syria, China, Cameroon, Niger and Algeria.

This chapter builds on work already written about Muslim women who wear some sort of face veil and the ongoing agitation that has been expressed about them. I have argued elsewhere that the depth of discomfort evoked by these women and their outward markers of religiosity have resulted in a wide range of mostly specious rationalizations as to why these items of clothing must be banned. Logic appears not to be a measure used when managing issues involving women who cover their faces. Rather, one sees a predisposition, often unstated, toward linking such modest clothing to radical and violent interpretations of Islam. Where such explanation is implausible, a strident dislike of the niqab manifested as an affront to national values is articulated as though that is explanation enough for the curtailment of rights. No further justification is required.

Type
Chapter
Information
Doing Peace the Rights Way
Essays in International Law and Relations in Honour of Louise Arbour
, pp. 443 - 462
Publisher: Intersentia
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×