THE ISSUE OF RESTRICTING RELIGIOUS DRESS AND SYMBOLS IN THE EUROPEAN UNION

Transcription

1 Committee: European Parliament Committee THE ISSUE OF RESTRICTING RELIGIOUS DRESS AND SYMBOLS IN THE EUROPEAN UNION I. INTRODUCTION OF THE TOPIC The European Union has many cultures and religions, and thus has a history of conflicts relating to many of the various beliefs. One such conflict that continues in contemporary society is the issue of religious dress and symbols and their place in everyday society. Any clothing and symbols relating or having significance to a certain religion can be considered a religious dress and symbol. For example, a crucifix would be considered a religious symbol, as it is closely tied with the Christian religion. Clothing such as a niqāb or a hijab would be considered religious dress as well, because Muslim women specifically wear it. A growing number of European countries have passed legislation or are contemplating the introduction of restrictions on religious dress in public places, which could increase already existing tensions between different ethnic and religious groups. Pluralist societies are now struggling with integration, national identity and security. Various examples of conflicts deriving from religious dress and symbols can be named from an amalgamation of beliefs, but it is evident that some religions are being targeted more than others, or at least certain ethnic groups fee morel discriminated against.! II. BACKGROUND Across the EU the view on religious dress and symbols varies. France could be considered as a country, which has controversial approaches to religious dress and symbols. In 2010, a law in France was imposed stating that nobody can wear clothing with the intent to conceal one s face, or one must pay a fine of 150 euro. France on the first day of this ban, many Muslim women protested against this ban. One 24-year-old French woman went to the European Court of Human Rights, saying that the law violated her freedom of religion and expression. Belgium has also banned full-face veils since July 2011, meanwhile in the Canton Ticino, a southern region of Switzerland, full-face veils are banned as well. In addition, several other

2 European nations such as Italy and Spain, which have specific towns and cities, ban veils cover the face as well. In many of the cases involving religious dress and symbols, people defend themselves through the Article 9 of the Convention for the Protection of Human Rights and Fundamental Freedom: ARTICLE 9 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. The European Convention on Human Rights assures freedom of religion embracing also the right to practice religious beliefs in both public and private areas. This protection is also guaranteed by the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief with the addition of freedom of conscience and thought. III. RELEVANT INTERNATIONAL AGREEMENTS, CONVENTIONS, ORGANIZATIONS AND RESOLUTIONS 1948: Universal Declaration of Human Rights- guarantees everyone the right to freedom of thought, conscience and religion, as well as the freedom to manifest his or her religion or belief in practice and observance. 1950: Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention)- protects freedom of thought, conscience and religion, while

3 subsection permits restrictions on the manifestation of belief when dealing with concerns about public safety or public order, etc. 1976: International Covenant on Civil and Political Rights (ICCPR)- although emphasizing the religious freedom, it allows limitations to this freedom provided that they are prescribed by law and necessary to protect safety, public order, health, morals or the fundamental rights and freedoms of others 1981: Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief- guarantees the freedom to practice one s religion and belief, and freedom from discrimination based on that religion or belief. IV. MAIN ISSUES Religious Dress in Public Places Already in many European countries laws have been passed concerning restricting religious dress in public places. For instance, in France and Germany, civil servants (any governmental job) are prohibited from expressing any religious symbols; furthermore students are not allowed to wear religious dress in public schools. Such as Jewish head coverings, Sikh Turbans, and large Christian crosses are banned (however, 'regular' sized crucifixes are allowed). In 2010 the French Parliament adopted a law, prohibiting the concealment of one's face in public. The law was approved by the French Constitutional Council in October 2010, officially makes it a crime to coerce individuals to wear such clothing, with a fine of 30,000 euros, and a year in prison. Furthermore, individuals concealing their face in public may receive a 150-euro fine, and/or compelled to attend a 'citizenship' course. This was mainly put in place for religious coverings. Religious Symbols in State Owned and Public Buildings The issue of religious symbols in state owned and public buildings has been debated all over the world, thinking about freedom of religion in various areas. In our modern world of globalization with international migration flows, traditional homogenous countries face the unclear established social area of cultural identity and in some case governments change laws and policies to manage theses shifts. Among all the religious symbols at stake in current debates is the Islamic headscarf, the hijab. A female wears the headscarf over her head, usually it covers her hair, ears, and neck, and it signifies modesty in dress. Other more conservative Muslim women might wear a burqa, that covers hands and face, or a veil that leaves a space for the eyes - a niqab. The most important discussion over religious symbols in public areas has involved religious head coverings. This is closely linked to the topic of

4 immigration in Europe, which has meant that head coverings have become significant symbols of difference, provoking debate about their role in public places. Cultural Sensitivity People can be offended and some people can be disenchanted by sameness and not having their religious beliefs respected and can therefore lead to fundamentalists carrying out serious crimes. In France, the recent terrorist attack to Charlie Hebdo has prompted many people to question the presence of religious symbols and dress in their everyday lives. However, individuals may be offended if their religious symbols are not allowed, although others are. Many individuals believe certain religious practices, symbols, and clothing styles ought to be abolished in certain public and private areas, further offending individuals. Hence, causing further debate. Should there be freedom of expression when it comes to dress even if its response means something deadly may happen? REFERENCES AND ADDITIONAL RESOURCES %3A%2F%2Fwww.coe.int%2Ft%2FDC%2FFiles%2FSource%2FFS_religsymbols_en.doc&ei=epW 2VOaKGZGwaYXXgfgK&usg=AFQjCNFl0vTwE2fYN43HqP5F-Yh5wQoD-A&sig2=V5UkK-d- KpdsXTaGlTUXFw&bvm=bv ,d.d2s

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