The Headscarf Debate: Human Rights or Individual Freedom, Make Your Choice! (Arnaud Houdmont)

Since France banned the Islamic headscarf and other religious symbols from all French state schools in 2004, the debate it sparked has resurfaced time and again over the last few years. It did so recently, at the end of last month, when public schools in the city of Antwerp decided to ban the headscarf from the first of September 2009.

Astonishingly public opinion is divided between two simplistic and inadequate positions to which adherents of either camp have pledged their unquestioning allegiance. On the one hand champions of cultural diversity and freedom of expression (and obviously Muslims in general) are aghast and want the ban lifted immediately. As an ardent advocate of freedom in any shape or form, this author has had to repress a natural tendency to join this side of the debate. On the other hand, nationalist preservationists have entered into an uneasy alliance with women's rights defenders and proponents of the separation of state and church, in defence of the ban.

On the face of it, it is much easier to sympathise with those who want the ban lifted in favour of freedom of expression; especially since the vast majority of those supporting the ban are blatantly motivated by racist convictions. It is frankly disturbing to witness the desperation with which people cling to their imagined identity and the fear they display towards anyone that does not fit in their narrow-minded conception of the world. However, these observations aside, the human rights aspect of the debate looms large and should not be ignored.

It is a very sorry state of affairs indeed when the powers-that-be start meddling in strictly private affairs such as their citizens' wardrobes. Imagine waking up to the following newspaper headline: “Under a new law designed to prevent sexual harassment in the workplace and in schools, women and girls will longer be allowed to wear mini-skirts or otherwise revealing clothing at work or in schools. Guidelines as to what clothing is deemed acceptable have been published.”

This fictional, but not so far-fetched paragraph would provoke waves of indignation across the “western” world. The vast majority of people would balk at the very idea and fiercely resist this outright infringement on their freedom. And rightly so... Democratic societies are, to a lesser or greater extent (that's an altogether different argument that will not be addressed here), built on freedom of speech and freedom of expression. Many are prepared to defend this hard-earned freedom with tooth and nail. One only has to recall the Danish cartoons controversy back in 2005, when the publishing of a series of unflattering cartoons depicting the prophet Mohammed led to the violent uprising of radical Muslims across the world. In its response to these events, Europe stood (more or less) united in defending the rights of the cartoonist and the publisher to express their views, regardless of religious sensitivities or not. It is, in the humble opinion of this author, of vital importance that no amount of religious clamouring and whining should ever be allowed to result in the adoption of censorship and a limitation of individual freedom.

However, many would argue that the issue of the cartoons and the fictional scenario where a government restricts women's freedom to wear mini-skirts are principally different from the headscarf ban debate. In one crucial aspect - and one only - they are right.

Many girls, born into a family of Islamic faith, are simply not given the choice to wear a headscarf or not. Whether they privately renounce their faith (for, in many instances, it can be hazardous to do so openly) or whether they simply choose not to adopt the headscarf, their family will oblige or force them to wear it against their will. This, in itself, constitutes a violation of women's rights and goes against the “western” conception of freedom. An extremely dehumanising example of imposed clothing is the now well-known burqa, covering the women from head to toe, so no part of their bodies are visible to the outside world. More often than not, those who tend towards the individual freedom argument in the headscarf debate, will promptly change allegiance when the burqa is brought into the discussion.

But what if the women in question actively, and without interference, choose to wear the headscarf or even the burqa, be their motivation religious or other? Should these women, simply by virtue of the freedom of expression of other women, not be allowed to do so? It is exceedingly hypocritical to employ the freedom angle in order to defend the cartoonist and in defence of the girls who do not want to wear headscarfs, but to consequently abandon these principals when they are no longer suited to one's argument and when it turns out that some women actually want (or are religiously motivated) to wear these items.

The cultural diversity card trumps all when it comes to defending, or tolerating, the indefensible. Criticism and condemnation of abhorrent practices and traditions such as genital mutilation, lapidation and forced marriages (to name but a few), are too often met with an indignant rebuke by the defenders, or perpetrators, of these practices, pointing out that these are matters of cultural sovereignty and not to be meddled with by outsiders. The argument from cultural diversity is devoid of meaning and merely serves the self-interest of certain factions in certain societies as well as that of those who want to perpetuate the cultural zoo of humanity for their entertainment.

In the case of the headscarf or the burqa such arguments should equally be dismissed as irrelevant and of no significance in western society where adherence to human rights, the freedom of speech and the freedom of expression should at all times take precedence.

This said, both options on the table – 1. an outright ban of headscarfs and 2. a tolerance for headscarfs based on individual freedom – present us with innate difficulties. On the one hand, a ban sets the precedence for more government involvement and the continued restriction of individual liberties, creating more problems than it is actually addressing: Where should government involvement stop? Should the burqa be banned but the headscarf allowed? Should girls wear mini-skirts? Are crucifix pendants acceptable? And who decides what is acceptable or not?

On the other hand, what about all these girls that are forced to wear a headscarf or a burqa by their families? What about their individual rights? The government might not be encroaching on their freedom, but their fathers and brothers certainly are... Should society not be protecting them?

Thus, it seems, mutual incompatibility between individual freedom and human rights considerations eliminates the possibility of a satisfying solution to the headscarf debate. Protecting the right of women not to wear certain clothing necessarily comes at the expense of individual liberty, whereas upholding western values of freedom leaves women at the mercy of vengeful and women-hating patriarchs. Are we to conclude that we are forced to choose between “handing over even more freedom to Big Brother” and “allowing women to be treated as second-rate citizens by deluded men who fear emancipated women”?

Thankfully, as it turns out, it is not a choice society has to make. There is another way of approaching the issue at hand. Whereas the choices outlined so far have been between action (a ban) and inaction (no ban), those on the side of individual liberty can drastically alter the argument by proposing a course of action that would go a long way in addressing all the issues at hand as well as an issue that has not been raised yet. It is important to realise that in the long run even a ban will fail to protect those girls who do not want to wear the headscarf, as Muslim families will simply send their children to private, or even Muslim, schools. Besides, outside of school hours they remain firmly under the control of their families.

Perhaps the answer lies, not in a compromise, but in a much more fundamental compliance with, and protection of, individual freedom... Rather than inaction and merely rejecting the headscarf ban, proponents of individual liberty should propose a proactive solution of their own. Instead of restricting individuals in their freedom by meddling with their choice of clothing, real help should be available for people who feel they are being thwarted in the pursuit of their own individual liberty. A channel should be provided enabling them to voice their concerns and have them taken seriously. Perhaps a loud and clear message should be sent out that any restriction by any person of any other person's individual liberty will be harshly dealt with and that the powers-that-be will take a determined stand in defence of those who find themselves in need of protection... in the name of freedom.


Guest Column For IFF
Arnaud Houdmont
Freelance Journalist