Retro Is In

This post is a response to this article from the Telegraph about a French female lawyer ripping off another young woman’s burqa (http://www.telegraph.co.uk/news/worldnews/europe/france/7735607/France-has-first-burka-rage-incident.html).

What a disappointment!  And what an insult – putting forward this law in the name of trying to protect women?  This is bad law and bad policy made with bad intentions which will likely be badly enforced and have bad results.

First, what does “No one may wear in public places clothes that are aimed at hiding the face” actually translate to in real life?  Is this really practical?  So does this cover wearing a ski mask when you’re on vacation or your Halloween costume?  What about makeup or filming a movie in a public location?  What about hats, scarves, sunglasses, goggles, wigs or veils?  And what constitutes ‘forcing’ a woman to wear a burqa?  What if the aim is not to hide her face?

And how is a burqa an affront to the nation’s values?  I thought its values were freedom, equality and brotherhood (liberté, egalité, fraternité) – France’s national motto.  Where exactly does racial, ethnic and religious discrimination fit into that?

Second, should we honestly believe that this law is well-intentioned?  European countries have been increasingly hostile to Muslims and “outsiders” in general over the last few years. Belgium has outlawed burqas with France close behind, the Swiss have outlawed Islamic architecture, there have been scandals including anti-semitic remarks from a British diplomat, a Polish person declaring that Auschwitz was not a death camp, Grecian attacks on synagogues and other problems in Denmark and Hungary.  In spite of the French President denouncing this bill, we are actually expected to believe that not only is it NOT racism, but that this is really about women’s rights!  When was the last time anyone was really that concerned about women’s rights?

Third, as I’ve pointed out, the French are going to be hard-pressed to enforce this fairly and rationally.  I foresee this turning into state-sponsored persecution of Muslims and particularly, Muslim women.  Clearly, professionals are courageous enough to start attacking people in public already!

Finally, how exactly is this law going to achieve the supposed ‘equality’ for minority women that proponents are hiding beneath?  Muslim women won’t be able to leave the house.  They will be completely cut off.  If they leave the house, they will be fined.  But they won’t be employed (because they can’t leave the house and won’t pass a headshot, therefore they can’t work), so how will they pay the fine?  And how will their husbands feel when their wives go out and get fined (and when they subsequently get fined for “inciting” their wives to cover their faces)?  And how will women be able to leave their countries for Europe at all?

Furthermore, what if women CHOOSE to be Muslim and adopt the burqa?  Why should they be discriminated against for this practice?  And why should their husbands be viewed with suspicion for a choice their wives freely make?  Not all Muslims are like this; not all Muslims are extremists and terrorists and wifebeaters.  And again – I don’t see any sort of sexual assault or domestic assault law reform going on here.  Nor do I see policy that will have the result of a fairer, more civil and more inclusive society.

People can hide in all sorts of ways – the burqa is just one way.  Terrorists and other criminals will find other methods to hide.  And airports shouldn’t have much difficulty accommodating women – all they need is a separate room with a female guard to show their faces.  Therefore, it seems that this is really just codifying xenophobia, fuelling the fire of hatred and setting people up for battle.  And with the French climate the way it’s been for the past few years (think Paris on fire), things may erupt sooner rather than later.  Do they think this will solve the country’s problems?  The last time I checked, systematic public persecution led to tension, strife, terrorism, violence, civil war and genocide.

The pendulum seems to have reached its limit.  We’re in for a bumpy ride backwards.  Captivité, disparité, et inimitié?

About the Author

Joy Wakefield
Joy is a 2012 JD Candidate at Queen's with an iBBA from Schulich. She is active in exploring different fields of law inside and outside of school and is soon to be heard on Pro Bono Radio (CFRC 101.9 FM). She works as the Office Manager of the Queen's Business Law Clinic and as a TA for the Queen's School of Business.

1 Comment on "Retro Is In"

  1. I’ve been reading in the news over the last few days, it’s the 27th April now, that this law has just been introduced.

    Are we expecting any protests? Are there any French Nationals upset?

    No, yet here we are just 21 miles away and such a law would not likely even be considered regardless of how strong public opinion was on the matter.

    Are we not all in the EU?

    The world is a funny place.

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