Raphaelpaixao's List: A proibição dos véus islâmicos na França

• We are convinced that legislation banning the wearing of full Muslim veils in public places would violate the fundamental rights to freedom from discrimination, freedom of religion and the right to autonomy.  Such a measure is neither necessary nor proportionate-the two requirements for permissible interference with qualified rights-and would be deeply counterproductive.  
• Human Rights Watch is convinced a ban is unnecessary and would be a disproportionate response to the perceived pressing social needs.  The aims cited in support of measures to restrict the wearing of the veil, including a ban in public places, include defense of women's freedom and dignity, defense of secularism (laïcité), and security concerns.  While all three are legitimate goals, a ban is neither the best suited nor the least restrictive measure to achieve them. 

• a proibição da invocação da reciprocidade como  subterfúgio para o não-cumprimento das obrigações  convencionais humanitárias foi corroborada em termos inequívocos  pela Convenção de Viena sobre Direito dos Tratados de 1969,  que, ao dispor sobre as condições em que uma violação de um  tratado pode acarretar sua suspensão ou extinção, excetua  expressa e especificamente os "tratados de caráter humanitário"  (artigo 60(5))

  • IPC!

• 6. The Assembly stresses that the European Court of Human Rights has asserted, in the judgment in Apostolidi and Others v. Turkey, that the European Convention on Human Rights (ETS No. 5) transcends the framework of mere reciprocity between the contracting states.

  • IPC!
• 8. The Assembly considers that the recurrent invoking by these two states of the principle of reciprocity as a basis for refusing to implement the rights guaranteed to the minorities concerned by the Treaty of Lausanne is anachronistic and could jeopardise each country’s national cohesion in these early years of the 21st century.

• the Council of State believes that public security and the fight against fraud, reinforced by the requirements of some public services, would be likely to justify an obligation to keep one’s face uncovered either in certain places or in performing certain procedures.
• The Council knocked down two of the most frequently used arguments by supporters of a full ban. It said that France’s trademark laïcité cannot be used as a legal basis to ban full veils in public, because it applies only to the relationship between public services and religions or followers of religions. It said the argument that full veils violate a woman’s dignity and the principle of equality between the sexes “could hardly apply in this case, even if they both have solid constitutional foundations and very strong jurisprudential applications”.
• “Public security cannot be a basis for a general ban on only the full veil, since no specific inconvenience is associated with it as such. A limited ban on the full veil would be fragile in terms of the principle of non-discrimination, and probably difficult to impose.”
• the report concludes that a ban on full veils could be legal if it is limited to situations where certain official or commercial procedures would require an uncovered face
• Another staunch supporter of a full ban, the UMP deputy Jacques Myard, said the “pusillanimous opinion of the Council of State … is and remains only an opinion.”

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• "No one may be questioned about his opinions, [and the] same [for] religious [opinions], provided that their manifestation does not trouble the public order established by the law."
• "The law has the right to ward [i.e., forbid] only actions [which are] harmful to the society. Any thing which is not warded [i.e., forbidden] by the law cannot be impeded, and no one can be constrained to do what it [i.e., the law] does not order."
• The French Republic has always recognised individuals rather than groups and holds that its citizens' first allegiance is to society in general and not to a particular group, religious or otherwise; the opposing attitude, known as communautarisme, is generally considered undesirable in political discourse in France. On the other hand, the state sees that it is also responsible to protect individuals from groups rather than to protect groups, religious or others.

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• Le philosophe Emmanuel Levinas a fort bien exprimé l'idée que c'est par le visage que passe la sensation de la vulnérabilité de l'autre. C'est donc par le visage de l'autre que passe la responsabilité que nous avons vis-à-vis d'autrui. C'est par le visage de l'autre que passent les prémices de la moralité.
• l'échange des visages de manière permanente vise à réfuter toute possibilité d'interaction, de morale, d'intérêt de l'autre, donc de communauté.
• c'est bien la possibilité même d'échange que nie le voile intégral

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• The law passed by a vote of 246 to 1, with about 100 abstentions coming essentially from left-leaning politicians.

• double standards
• It's nothing more than neocolonialism
• all are equal to show and express their religious opinions in public as well as in private
• the French state has the responsibility to guarantee access to free, public education to all Frenchmen
• While the law forbidding the veil apply to students attending publicly-funded primary schools and high schools, it does not refer to universities
• However, veiled students are sometimes denied attendance
• The European Court of Human Rights (ECHR) affirmed on 4 December 2008 the legality of the ban
• Forbidding Muslims to wear the Muslim veil to schools is interpreted as an attempt on the part of the authorities to impose their anti-religious views
• It has been pointed out that in France, Christianity benefits from multiple advantages

  • vacations and public holidays for Christian holidays, fish in school lunches on Friday, payment by the government of salaries of teachers working in Catholic schools, etc
• the number of incidents is very small and does not justify the intolerance and publicity given to isolated incidents
• The necessity to open up to culture, to reflection, and to critique within schools would allow these young women to relativize a choice that would be imposed on them, instead of being torn apart by a culture shock between two obligations that are absolute, antagonistic, and irreconcilable toward each other.
• presence of Muslim Frenchwomen wearing tricolour veils and shouting, "I am French!" in protests in Paris against the law forbidding the veil

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• One strand, associated with another 17-century English philosopher, John Locke, holds that protecting equal liberty of conscience requires only two things: laws that do not penalize religious belief, and laws that are non-discriminatory about practices, applying the same laws to all in matters touching on religious activities
• If people find that their conscience will not permit them to obey a certain law (regarding military service, say, or work days), they had better follow their conscience, says Locke, but they will have to pay the legal penalty. 
• tradition reasons that laws in a democracy are always made by majorities and will naturally embody majority ideas of convenience.  Even if such laws are not persecutory in intent, they may turn out to be very unfair to minorities
• this tradition held that a special exemption, called an “accommodation,” should be given to the minority believer.
• Creating exemptions to general laws on a case by case basis
• accommodationist position has typically favored religion and disfavored other reasons people may have for seeking an exemption to general laws
• The way to deal with sexism, in this case as in all, is by persuasion and example, not by removing liberty.
• all forms of violence and physical coercion in the home are illegal already, and laws against domestic violence and abuse should be enforced much more zealously than they are.

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• Young women in the suburbs were being told what not to wear (jeans, anything feminine) and what not to do (have a boyfriend, wear makeup, go out, have sex)
• "They define liberty and equality according to what colour your skin is," she says. "They won't denounce forced marriages or female genital mutilation, because, they say, it's tradition. It's nothing more than neocolonialism."

• French educators opposes the veil in general
• majority of French people, according to a survey conducted in the last four months of 2003,^[15] responded that they would be in favor of a law forbidding the veil
• Les Blédardes
• a manifestation of colonialist sentiments

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• wearing the scarf symbolizes a woman's submission to men

  • One of (if not THE) main arguments pro ban.
• other practices

  • Among them are:the burka used in Afghanistan and Pakistan.arranged marriages that exist, to varying degrees, in many countries of the Muslim world.female circumcision, practiced by Muslims in 28 countries, particularly in sub-Saharan Africa, but also in Egypt, Oman, Yemen, and the UAE.
• if a law does not forbid the practice of wearing the hijab, social pressure may render it obligatory
• in December 2003, President Chirac extended this policy for all public secondary education establishments
• France is home to both the largest Jewish and Muslim minorities in Western Europe.
• Les Chiennes de Garde
• Les Penelopes
• la Ligue des Droits de l'Homme

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• January 1990
• Pasteur Middle School in Noyon,
• Nantua
• general strike
• September 1994
• October
• St. Exupéry High School in Mantes-la-Jolie
• demonstration of protest
• November
• Faidherbe High in Lille.
• movement toward the traditional values
• "the new veiling"
• • Search!
    
• vision of Western women offered by media may lead French Muslim women to wear the veil to affirm their respectability and, paradoxically, their independence in respect to their families
• using the traditional argument for discretion in order to insist on their right to wear the veil at school
• Muslim identity
• Avoidance of violence
• Dans l’enfer des tournantes
• non-Muslims
• • Search!
• "Le Foulard et la République"

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• The cancerous spread of veiling has been seen throughout the Islamic world since the Iranian Revolution

  • Link with Vivi and Isadora's article
• gender apartheid

• It is nearly impossible for the state to ascertain who is veiled by choice and who has been coerced
• Our culture’s position on these questions is morally superior

• The key argument supporting this proposal is that face-coverings prevent the clear identification of a person, which is both a security risk, and a social hindrance within a society which relies on facial recognition and expression in communication
• The key argument against the ban is that it encroaches on individual freedoms
• Veils such as the chador, scarves and other headwear that do not cover the face, are not affected by this law and can be worn
• the only exceptions to a woman wearing a niqāb in public will be if she is travelling in a private car or worshiping in a religious place
• The Constitutional Council of France declared the ban constitutionally valid
• Dalil Boubakeur, the grand mufti of the Paris Mosque, the largest and most influential in France, testified to parliament during the bill's preparation. He commented that the niqāb was not prescribed in Islam, that in the French and contemporary context its spread was associated with radicalisation and criminal behavior
• RTBF columnist François De Smet responded that this could not be considered a matter of freedom of expression or even religion, since face coverings are but a relic of tribal tradition; that it is face coverings that amount to violation of the freedom of expression, as they block the exchange of facial expressions which as Emmanuel Levinas pointed out are the basis for a moral participation in society
• and that the nevrotic search for purity that motivates facial coverings ultimately represents the "radical rejection of others" and conveys despise for others who are not deemed worthy of sharing the wearer's facial expressions
• people arrested for wearing full facial coverings should be told about the law's motivations in a spirit of education

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