Banning things and liberal values
Why the French are wrong about face veils.
By David Allen Green Published 11 April 2011 12:16
Just as someone once said that a nation can wage perpetual war for perpetual peace, some supposedly progressive people like to ban things just in order to make people free.
The latest example of such idiocy is the French ban on face veils, which takes effect today. Apparently legislating for what people wear, and invoking the coercive power of law to impose such legislation, is just the thing for a modern and secular society.
Of course, to use the criminal law in such a way is illiberal and inappropriate. It may well be that, at the extremes, the law should intervene to prevent the use of disguises for criminal activity. There are those who believe public nakedness should be banned on the basis of public decency. But any use of criminal law to govern the wearing of certain clothes, regardless of any question of criminality or decency, must be a disproportionate interference with a person's legitimate autonomy.
Just as it is wrong to force someone to wear a veil, it is wrong to force someone not to wear one. If there are examples of women being forced to wear a niqab or the burqa, there is no reason to believe a ban on wearing such items in public places will have any effect other than leaving the women stranded at home.
In any city you will see people with distinctive looks being stared at as they walk down the street. Some of these people may not actually want to be stared at, or at least not have their face exposed whilst being stared at. Unless there is a good and objective reason otherwise, they should be allowed to present themselves in public as they wish. The state does not necessarily know best.
Many secularists and liberals would prefer a world where individuals do not want to hide their faces as part of their social interactions; many secularists and liberals would welcome a world without any face veils. But for such a world to be imposed by legal force makes it a secular and liberal world not worth striving for.
David Allen Green is legal correspondent of the New Statesman
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70 comments
There is an abyss between cultural tolerance and burying tolerance in the earth like the aussie bird.
Burqa is nothing to do with Faith. It is about oppression, self oppression, frustrations, defiance...those women are told to STIR UP division, fear, troubles for it is what their "tolerant, merciful" Q'ran orders! Now it is too late. The muslim world is determined to make Britain look like Saoudi Arabia. Headquarters of Islam. Because some blind british don't get the evidence : if you grant ANY demand to muslims, they will go on and on till the Sharia is the new British Common Law. When one UK Magistrate defends the Sharia, I am afraid the eyes of tolerance lost sight of the Sunlight. The Sun is not black. Burqa offends freedom and the most elemental courtesy to see someone's eyes. If "Allah" put some white in the eyes, it was for the Intelligence to be enlightened.
Olly wrote: Are we to ban crucifixes in all public areas? No more turbans for Sikhs? No veils for Nuns? This is just an attempt at homogenising society. To try and make them less like them and more like us.
My reaction: Well, yes. If we ban one religious symbol (perceived that way, no matter what the wearer's reasons), we should ban them all, at least in schools etc. I hate seeing women with crucifixes round their necks. Might as well wear electric chairs - equally a representation of the death penalty.
And -- there are problems in Europe (particularly the UK) with immigrants failing to even minimally integrate, understand, or participate in their new culture. A blend of old and new is surely what should be expected to work?
Sometimes, it seems in the face of adversity, we need an identity; other times when we feel a bit more self-assured, we don't. Which may bring us back to something near to the burqa point? If the feeling in France (and, of course, I'm generalising here) is that Muslim women and men are put in a position where they may feel under pressure, then to deny them the chance to say "this is who I am" without the baggage about "...and what are you going to do about it" bit, then it's a sorry state of affairs.
Burkha = Clothe Coffin, its wicked and Medieval, let them wear them in Islamic countries, not in the west, if they dont like, go somewhere its tollerated simple.
We have to adhere to the strict rules in Islamic countries, so why should they follow ours.
The Wickedness of Islam
http://www.dailymail.co.uk/news/article-1375168/Sharia-Law-A-woman-whipp...
As for as i secularist is the who respect other religions and beliefs but what of secularism you are showing by banning something with force. There several Muslim countries in the world where u r free to wear a burqa of not. If some in France wear a burqa means they feel comfortable and are feel free there..
I can't agree with you until you support the right to Nazi, anti gay and far right symbols being worn. You would support this as much as I would. Simply put - if you choose to live in a society, you support its values.
When did liberalism become an apologist for medievalism. Some on the political-left really do need to shake their heads.
"This will not stop women being forced to wear the veils, it will only restrict their movements to the areas where this law will not be enforced (i.e. the ghetto) and prevent the wearers from being exposed to the secular integrated communities that they're "supposed" to aspire to join."
Great argument Alex. Well, lets not ban stoning to death for adultery, or female circumcision. It might alienate theocratic fascists.
The burqa is not compatible with social democracy. It is not compatible with the rights of women.
I find it utterly depressing that anyone who calls themselves progressive, or left wing, could possibly defend the burqa, under any circumstance whatsoever.
Did the left fight for decades for female emancipation, for equality, for secular values to end up with apologists for a walking coffin? Those who deend the burqa should look up the meaning of the word "Quisling".
Surely the point that's staring us all in the face is that few French people are actually Liberals, in the English sense of a Liberal being somebody that avoids being judgemental or assigning their own values to other peoples opinions and actions. (i.e. allowing real, 100% proof freedom). When America declared "war on terror" it denied the legitimacy of any such liberal freedom, implying by its actions (rightly or wrongly) that the safety of the majority was more important than individual such unadulterated liberty. We all know the theory well enough, but are too easily persuaded to veil up or act blind when it comes to the practical implications of Liberty, Fraternity and Equality.
You don't get any more liberal than the French; it was the French that abolished their Monarchy, and almost God itself, and Time and the Months and the Seasons.
Its thanks to them that we had Liberty Equality and Fraternity and the Enlightenment. And it is in that Spirit they've outlawed the veil in public places.
Yes and it was the French who tortured thousands in Algeria in order to have Greater France.
It is the French who claim that as all citizens are equal in the fifth republic there is no need to keep records relating to racial or ethnic discrimination in the workplace even though there is proof that there is massive discrimination towards Muslims in France. http://www.independent.co.uk/news/uk/home-news/employers-discriminate-ag...
The reality of this law is that Sarkozy is attempting to appeal to the FN and is running scared of Marine Le Pen in the next years presidential elections
Only a man could imagine that masking women's faces has something to do with clothing.
Only a man could ignore the fact that this is a gender issue.
Only a man could ignore what covering women's faces is about, and cast the business of the Mutaween in the light of sartorial choice.
No face-veil for Mr Green, I guess - he has no shame.
What the hell does the Algerian war have to do with the Republic's decision to out-law this repressive rag. A rag!! often worn with the soul intention to offend.
Seaman T: you make no sense do you know that?the "war on terror" was a liberal endeavour, was it??of course the freedom of the majority is more important than the freedom of an individual. Not being judgemental can lead to the worst abuses." for evil to succeed all you need is good people to do nothing", remember that!
Feersum: Well excuse me I had not noticed that the British concept of liberal freedom had stopped them from committing atrocities throughout the world, especially in India.As to discrimination against Muslims there is absolutely no evidence for saying that it is any worse than in Britain. I think YOU are prejudiced my friend!
In any case nobody is saying the French are better or worse, simply that their concept of freedom is different and leads to a different view of equality and social justice.Surely you can accept that.
Thanks Swantantra, you have got it. The spirit of the Revolution lives on in France. In Britain, we are still waiting for one!There is still very little notion of equality and solidarity.See how all the Serfs are going to cheer at the royal wedding. It is a sad fact.
Totally agree. Burqas, niqabs etc are rather silly, and deserve to be mocked. But I really can't see how it can possibly be any business of the state to tell people what to wear.
Fiona the hostility of the French to muslims seems to surprise you. A sort of reverse Nazi type think mode!Get a job in Cairo and have your fingered by 300 arabs!
The burqa is no less incompatible with social democracy than walking arounf naked in the streets is. Perhaps you ought to look up the meaning of the term, Alex.
Most importantly though, what does this mean for French ninjas?
Yet another example of someone who, no doubt, calls himself liberal, who cannot grasp that the niqab and burqa are an afront and insult to rational, secular, liberal and progressive Europeans. They are an insult to women, and also to men, and indicate that the true sexual obsessives are the ultra pious believers in the religion of peace (sic).
Sorry David, but wearers of these medieval shrouds of poison are inciting anger and insult every time they step out in the hideous garb. Stop tolerating intolerance and grow some backbone to stand up for genuine liberal values.
The burka is an affront to human dignity. It is not a requisite of the religion say Islamic scholars.
And those who talk about 'rights' should also remember their 'responsibilities' to society, to be open and honest and respect the feelings of others they interact with. There is no interaction with the wearers because theirs is a closed world; it can be intimidatory. The wearers have excluded themselves from normal social interaction by covering their face. The sooner the practice is stopped the better.
Of course you must ban things to make people free. Slavery, child labour, 14 hour working days etc.
@Hans Castorp:
Sorry, I did attempt to reply to your post at 13:17 yesterday nearer the time, but for some odd reason it seems to have not made it past the mods.
Anyway, you are making assumptions. Did I say that I wanted to "mock people in the street"? No, I did not. You seem to imagine me going up to veiled women and personally give them a hard time. I agree that would be cruel, but it's not what I meant. I meant mocking the veil in a more general sense, but writing on posts such as this one statements like "wearing a veil is daft and mockworthy".
I also find your assertion that the French have legislated "for people's freedom" rather extraordinary. Haven't they specifically legislated to restrict people's freedom?
If memory serves, UK law intervenes to prevent self-abuse by choice (the infamous 'Spanner' case). We intervene to stop people smoking cannabis on the grounds of public good. I fail to see the difference, philosophically, between those bans and one on veils.
Wouldn't it be more correct to say that the French believe that the public good is best-served by this ban? True, they may be wrong, but I think it is a balancing-act rather than an arrant example of discrimination for no reason.
Let's not forget, this is in keeping with other French laws. As far as I know, they still haven't repealed the 1799 law that makes it illegal for women in Paris to wear trousers.
The French ban on veils is the right thing to do (I suspect a large number of young French women are secretly very happy this ban is in place) but they're doing it for all the wrong reasons.
I think the shadow of authortarianism is hanging over the west. We condemn Islam for being totalitarian yet we show massive hypocrisy by doing things like this.
There is no religious reason for the veil, it's purely cultural. Many young Muslim women have adopted it as a protest against western society. Many elements of foreign cultures have no place in modern western society and the veil is one of them.
The veil is divisive, illiberal,provocative, shocking and unpleasant. We should ban it here too.
If circumstances dictate that a non-religious covering e.g. a balaclava would be considered worth banning, then that should presumably also apply to a religious covering. In any situation where that is not the case, what an individual wears is no business of any authority whatsoever.
I totally agree with Cassandra 101, oldebabe, Rob and...yes incredibly Luddite.
There is a profound misunderstanding between the French and the British about the concept of freedom. The British tends to think of it as "Freedom to.." as in freedom to wear the veil, while the French tend to think of freedom as "Freedom from" as in freedom from the oppression of the veil.This difference is also evident in the fact that the British favour "multiculturalism" in their treatment of immigrants, while the French prefer "integration". For the French someone who chooses to come and live in France,will be welcome if they are prepared to integrate and become an equal citizen. They believe that French society must be cohesive and must be held together by very precious Republican and secularist values. Equality of men and women is a big part of that.
Therefore many aspects of the Muslim and other religions are incompatible with this vision, especially the burqua.
By the way, it is illegal already to hide your face in public, so the burqua ban is just an extension of that law.
It is a choice of society and it is their right to interpret the notion of freedom any way they like.
Like some one says, most French Muslims agree with the ban especially the members of the Muslim women's movement "ni putes ni soumises" and why or why would you immigrate to a country without the wish to integrate and respect their values?
But Sean - child labour and slavery actually harmed their participants and, more to the point, those participants wanted to be set free. I don't see any burqa wearers demanding to be freed from wearning them, however distatesful we might find them.
Non-French have a very hard time understanding them. The French are one of the very few Western liberal democracies who do not go about pretending that they're 'culture-neutral' or 'culture-neutered'. They also tried very hard to ban the anglificaton of their language.
Personally, I just view it like most other places in the world who have strong beliefs in how people living in or visiting their country should present themselves in public. And people who object to whatever those cultural prerogatives are just aren't going to live there.
Certainly, Saudi Arabia need not fear that I'm going to turn up and demand residency, because their cultural values are not compatible with the way I want to live my life.
You make the mistake of thinking the French, somehow, ought to KNOW better. That in itself is a very patronizing value judgment.
What a one sided poorly written article. No wonder only a few people read the new statesmen these days.
Burkas should be banned for the same reason that if everyone wore balaclavas then we would not have a society to be in.
This is because 60% of non-verbal communication is expressions and emotions....... If you can't see then you don't connect......if you don't connect then you don't integrate.....if you don't integrate then you do not have a cohesive society......if you don't have a cohesive society then you do not have a productive one.
Remittance Girl has a point. Dare I say it David, but you're approaching this from an Anglo-Saxon sensibility that the French do not always agree with.
For the French, to be French, means ascribing to a set of values, regardless of class, creed or colour, that demonstrate the superiority of the French. One of these values is égalité, a commitment it seems to enforcing equality by occasionally targeting obvious markers of cultural inequality. The veil being one. The belief being challenged is that a culture which encourages women to cover their faces is not an equal one so it must be discouraged for the greater good.
You will also find that the vast majority of French Muslims support the ban, recognising it as a symbol incompatible with French values.
This will not stop women being forced to wear the veils, it will only restrict their movements to the areas where this law will not be enforced (i.e. the ghetto) and prevent the wearers from being exposed to the secular integrated communities that they're "supposed" to aspire to join.
The effect will be mainly aesthetic. Middle-class French people who find the veil offensive will not have to suffer to look upon it during their bourgeois existence.
Alex: You're right. Ultimately, it puts women who are compelled or feel compelled to cover up in a terrible position. It will push those who live in France into the shadows and deter those who might come to France from participating, veiled or otherwise, in many educational and professional pursuits.
But you know, it's their culture. And that's just it. If we can be so respectful of a woman's right to wear a burkha in her own country if she wants, then why do we have such a problem with the French who find it culturally incompatible with theirs?
@Adam
"Burqas, niqabs etc are rather silly, and deserve to be mocked."
Better a ban than this disgusting attitude.
Kind of laughable that someone famous for blocking people who dare to question him; is trying to defend freedom of speech. It's all well and good having the values; it's a shame your ego gets in the way of them.
Good points RG.
I guess one thing that is a bit odd is that the French are banning it now. have they reached a critical mass of veils they just can't tolerate?
Muslim women afik have been living in France for decades.
There must be something worthy of note about the timing/politics of this move?
Also British governments/people are not adverse to banning stuff.
Feminists are constantly calling for the banning of e.g. lads mags from supermarkets, sex shops, strip clubs, restaurants with big busted waitresses, prostitution, etc etc.
I could take the French rationalizations for this a lot more seriously if they were also banning the wearing of mega-sunglasses and nuns' habits. In fact, I rather hope the burkha wearers take to wearing mega-sunglasses and nuns' habits instead, which would retain their cultural choice of covering but do it in a way which the French are happy to go along with.
It's irrelevant whether the vast majority of Muslims support the ban or not. This is about individual and small group liberty. I also hope that some burqua wearers challenge the French law in the European Court of Human Rights (as well as Christians who want to wear crosses and Jewish men who want to wear kipot.)
"There must be something worthy of note about the timing/politics of this move?"
I lived in Paris four years ago and don't remember seeing veils. In the last few years, they have been getting more common over there. It is a matter for concern to many people over there, including Muslims.
@Hans Castorp
What specifically do you find disgusting?
An interesting point to note about the real focus of this law (which I expect will be reflected in its enforcement) is that the highest penalties for breaching it are for those who coerce women and force them to wear the veil. I suspect the intended target is not the small number of voluntarily fully veiled women living in France (a small proportion of a total of around 3,000 I believe), but those who are bullied, coerced and forced into wearing a full veil. And of course, those are not at liberty to ask for their own release - by definition.
So a mechanism (a law) enabling a justified intrusion into an otherwise private sphere might actively help the state to enforce other private rights - to education or to freedom of movement for example.
Lots of loose talk here about "their culture" etc.
Sarko's primary motive behind banning the veil is to court the FN vote, which he considers to be his biggest threat. In essence the law contravenes the French constitution.
@Adam
You stupid idea that it is preferable to mock somone in the street rather than legislate for people's freedom using the due process of an elected legislature.
I agree with the burqua ban but am not so crass as to mock someone for wearing one.
@Cassandra101 makes an excellent point, and one that speaks to a truer liberal conception of freedom than "do what thou will" spirit of Green's" post.
Jared, then that would depend on where you went in Paris and France. I lived there between 1988 and 2004, and saw the full veil fairly regualrly. My kindly neighbour in 1989 in La Goutte d'Or always wore the veil.
They banned hoodies in UK in certain places for years...now there is an uproar for the burka?
@Judy
Your comment re nuns is daft as the ban is on covering of the face, which a nun's habit does not do.
I suspect the intended target is not the small number of voluntarily fully veiled women living in France (a small proportion of a total of around 3,000 I believe), but those who are bullied, coerced and forced into wearing a full veil. And of course, those are not at liberty to ask for their own release - by definition.
So a mechanism (a law) enabling a justified intrusion into an otherwise private sphere might actively help the state to enforce other private rights - to education or to freedom of movement for example.
What's the evidence that women are bullied and coerced into wearing the veil, and isn't there a supreme irony in introducing a law that bullies and coerces those women who do into not wearing the veil?
Women may be bullied and coerced into a whole range of styles of clothing by abusive male partners--ie short skirts or not. There's also the bullying of women by men who choose to call out comments on their clothes or body shapes and tell them to "get their tits out for the boys". Have the French brought in any legislation to outlaw that? Or fine men who coerce women in other ways?
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