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Burka ban

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Comments

  • Moderators, Society & Culture Moderators Posts: 15,950 Mod ✭✭✭✭smacl


    I'm religious and support the ban
    Nick Park wrote: »
    Certainly some women are forced to wear a burka, and that is in itself a Human Rights violation that should be addressed. But if even one woman voluntarily chooses to wear a burka as a manifestation of her religion then the Belgian ban becomes a Human Rights violation.

    The French burqa ban has already been tried in the ECHR as you are no doubt aware. (Source)
    In the Grand Chamber judgment in the case of S.A.S. v. France, the European Court of Human Rights held, by a majority, that Law no. 2010-1192 of 11 October 2010 which made it illegal for anyone to conceal their face in public places did not violate the European Convention of Human Rights.

    Also from the same article, the author notes that Muslim feminists consider the burqa to be a canvas prison. Some strong arguments on both sides, but as per the ECHR ruling, gender equality can reasonably trump freedom of religious expression.



  • Registered Users, Registered Users 2 Posts: 18,853 ✭✭✭✭silverharp


    Absolam wrote: »
    I don't doubt many see it that way at all :) Yes, I'd say anyone who wants to wear Nazi uniforms in public in Germany feels the State is telling them what to wear, and not by exception but quite specifically what not to wear; they're not to wear Nazi uniforms in public. You might expect the list of acceptable clothes to be 'anything other than Nazi uniforms' or 'anything other than clothing that covers the face other than safety wear'. One might expect all sorts of things I suppose, but you can be certain if you don't wear the clothing you're allowed to wear in France, Germany, or a Muslim country, you stand a good chance of being arrested.

    there is no list , If I want to get a regulated service for example I can normally see a list of approved suppliers or some marker to know which is permitted to use. Im sure you can understand the contrast between a Muslim woman in a Muslim country who has to carefully consider what she has to wear and someone in the West who as a rule does not.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 6,913 ✭✭✭Absolam


    I'm religious and support the ban
    smacl wrote: »
    as per the ECHR ruling, gender equality can reasonably trump freedom of religious expression.
    That wasn't the ECHR ruling though, was it? Tut tut tut!


  • Registered Users, Registered Users 2 Posts: 6,913 ✭✭✭Absolam


    I'm religious and support the ban
    silverharp wrote: »
    there is no list , If I want to get a regulated service for example I can normally see a list of approved suppliers or some marker to know which is permitted to use. Im sure you can understand the contrast between a Muslim woman in a Muslim country who has to carefully consider what she has to wear and someone in the West who as a rule does not.
    So you would be wrong to expect a list then? I thought as much. I'm puzzled as to what you think the relevence of your contrast is though; are you saying it's ok to tell Muslim women they can't wear something in France because in other countries they also say they can't wear something? Do they provide lists over there?


  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    I'm non-religious and do not support the ban
    Absolam wrote: »
    the ECHRs agreement that the barrier raised against others by a veil concealing the face in public could undermine the notion of “living together”... a notion which is conspicuously absent from the freedoms set out by the Republic.
    Liberty, equality, and fraternity.
    Of these three founding principles, fraternity could be described in a more modern way as "social cohesion" or "living together".
    Anyone who has ever shared their personal living space with others is well aware that some small personal freedoms have to be sacrificed in order for everyone to get along together.

    Therefore, the French republican notion of fraternity puts limits on the notion of freedom.
    Equality, according to the ECHR doesn't come into the argument in this case, although the Oxford academic in that link was trying to argue as per smacl's opinion that it should.


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  • Registered Users, Registered Users 2 Posts: 18,853 ✭✭✭✭silverharp


    Absolam wrote: »
    So you would be wrong to expect a list then? I thought as much. I'm puzzled as to what you think the relevence of your contrast is though; are you saying it's ok to tell Muslim women they can't wear something in France because in other countries they also say they can't wear something? Do they provide lists over there?

    no , just highlighting the difference between marginally limiting a freedom in the west versus socially coercive system of thinking in a muslim country. Do you support the idea that the State can never have an opinion on what people wear or how they present themselves if its deemed to be for the social good or possible benefit of that individual?

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 1,573 ✭✭✭Nick Park


    smacl wrote: »
    as per the ECHR ruling, gender equality can reasonably trump freedom of religious expression.

    From your own link:
    The Court directed its inquiry to verifying whether the ban was necessary in a democratic society for protecting the rights and freedoms of others. The French Government had listed three values in that connection: respect for gender equality, respect for human dignity and respect for the minimum requirements of life in society (or of “living together”). While dismissing the arguments relating to the first two of those values, the Court accepted that a veil concealing the face in public raised a barrier against others which could undermine the notion of “living together” and therefore could be regarded as necessary for protecting the rights and freedoms of others in a democratic society. ....... the Court takes the view that a State Party cannot invoke gender equality to ban a practice that is defended by women unless it were understood that individuals could be protected on that basis from the exercise of their own fundamental rights

    Probably better to read links before you post them?


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭Michael OBrien


    I'm non-religious and do not support the ban
    smacl wrote: »
    Some truly frightening information in that video. Although I would point out that the part where the infants don't see their mother only applies in public (or with non-family members in private). Still terrible, but it was not stated in the video.


  • Registered Users, Registered Users 2 Posts: 29,905 ✭✭✭✭looksee


    I'm non-religious and do not support the ban
    I was horrified by that video too, but while I fully accept that the burka is indeed a prison for many/most (there will always be the exception to everything) the point that it weighed 7 kilos cannot be correct? I have just weighed two double, heavy quality cotton sheets and they weigh 1.6k. Ok, its a detail, but its one I can check.

    On the other hand I wonder why the woman at 1.18 has a number marked on her hand? Identification perhaps?


  • Moderators, Society & Culture Moderators Posts: 15,950 Mod ✭✭✭✭smacl


    I'm religious and support the ban
    Nick Park wrote: »
    Probably better to read links before you post them?

    I did. My point was that gender equality can reasonably trump freedom of religious expression. From the article;
    The Court does not doubt that gender equality might rightly justify an interference with the exercise of certain rights and freedoms. In this, the Court echoes the caveat of international human rights instances that freedom of religion and conscience cannot justify discrimination against women.

    While it wasn't the reason the ban was upheld in this instance, the point remains that freedom of religious expression cannot steam-roll over other human rights where they come into conflict.


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  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    I'm non-religious and do not support the ban
    smacl wrote: »
    While it wasn't the reason the ban was upheld in this instance, the point remains that freedom of religious expression cannot steam-roll over other human rights where they come into conflict.
    But it remains a moot point unless you can prove that all the women who "choose" to wear a burqa are being "forced" to wear it.

    Hence the arguments against the burqa must centre on notions of social cohesion and public security. Notions which ultra-liberals such as yourself reject as being excessively authoritarian.


  • Registered Users, Registered Users 2 Posts: 6,913 ✭✭✭Absolam


    I'm religious and support the ban
    recedite wrote: »
    Liberty, equality, and fraternity.
    Of these three founding principles, fraternity could be described in a more modern way as "social cohesion" or "living together". Anyone who has ever shared their personal living space with others is well aware that some small personal freedoms have to be sacrificed in order for everyone to get along together. Therefore, the French republican notion of fraternity puts limits on the notion of freedom.
    Equality, according to the ECHR doesn't come into the argument in this case, although the Oxford academic in that link was trying to argue as per smacl's opinion that it should.
    Actually, I was thinking of the specific freedoms set out in the Déclaration des droits de l'homme et du citoyen, but sure, the ruling also tramples on liberty and equality in an attempt to force the appearance of equality so I guess they feature too.


  • Registered Users, Registered Users 2 Posts: 6,913 ✭✭✭Absolam


    I'm religious and support the ban
    silverharp wrote: »
    no , just highlighting the difference between marginally limiting a freedom in the west versus socially coercive system of thinking in a muslim country. Do you support the idea that the State can never have an opinion on what people wear or how they present themselves if its deemed to be for the social good or possible benefit of that individual?
    So, no one is supporting your idea that if a state was telling people what to wear one might expect a list of acceptable clothes? How odd. Almost as odd as you asking me for my support for your other ideas. Why would I support it, when you seem to be encouraging States to infringe on freedoms rather than protecting them?


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭Michael OBrien


    I'm non-religious and do not support the ban
    looksee wrote: »
    I was horrified by that video too, but while I fully accept that the burka is indeed a prison for many/most (there will always be the exception to everything) the point that it weighed 7 kilos cannot be correct? I have just weighed two double, heavy quality cotton sheets and they weigh 1.6k. Ok, its a detail, but its one I can check.

    On the other hand I wonder why the woman at 1.18 has a number marked on her hand? Identification perhaps?

    That is a fair point. Although maybe it takes into account clothes under the outer burqa or a particular version of burqa that is extremely heavy but maybe not universal for burqas. Or a decimal point was missing.

    Point of number on hand. No idea. What is surprising is bare hands at all. Gloves are also common as hands might be pretty and encourage men to rape them, which is the woman's fault by Islamic standards.


  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    I'm non-religious and do not support the ban
    Although maybe it takes into account clothes under the outer burqa or a particular version of burqa that is extremely heavy
    7kg when wet? I dunno. But 6-8kg is about the average (normal Irish type) washing machine recommended maximum load, and I'd imagine the full garment including headgear would fill a washing machine on its own.


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭Michael OBrien


    I'm non-religious and do not support the ban
    recedite wrote: »
    7kg when wet? I dunno. But 6-8kg is about the average (normal Irish type) washing machine recommended maximum load, and I'd imagine the full garment including headgear would fill a washing machine on its own.

    Interesting point if wet, especially if not designed to be waterproof. I have not encountered anyone wearing a burqa personally in Ireland (niqabs yes) so I cannot say what the material is like, and I am sure there are many variants out there, depending on culture.


  • Registered Users, Registered Users 2 Posts: 18,853 ✭✭✭✭silverharp


    recedite wrote: »
    But it remains a moot point unless you can prove that all the women who "choose" to wear a burqa are being "forced" to wear it.

    Hence the arguments against the burqa must centre on notions of social cohesion and public security. Notions which ultra-liberals such as yourself reject as being excessively authoritarian.

    it might be an equality issue in Saudi but not so much here in the west as there are no legal impediments to be remedied so the cohesion and security are the main points I think.
    Another possible avenue is economic? wearing a burqa could be seem as excluding oneself from the workforce so why should a society provide welfare to such individuals. The Amish in the US dont pay into the welfare system but they cant claim from it either

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 18,853 ✭✭✭✭silverharp


    Absolam wrote: »
    Why would I support it, when you seem to be encouraging States to infringe on freedoms rather than protecting them?

    because its not an absolute either or proposition and I wouldnt be persuaded either way by possible slippery slope arguments. I can see possible good reasons to limit a particular right for the public good.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    I'm non-religious and do not support the ban
    Interesting point if wet, especially if not designed to be waterproof.
    In its natural habitat, the desert, this would be less of an issue. This only adds weight (pun intended) to the idea that in Europe it is a culturally and climatologically ridiculous and inappropriate garment.

    It shares that stupidity with the Ramadan idea of fasting during daylight hours, which during the summer solstice, is a neverending period of time in some northern countries.

    But unlike the Ramadan fasting requirement, the Burqa predates Islam. It was originally just a uniform imposed on harem girls by their owners, to be worn whenever they ventured outside. Then later adopted by men of lower status for their wives. So it is a cultural thing, rather than a religious thing. it has no basis in the Koran. The Koran merely forbids women from going topless.


  • Registered Users, Registered Users 2 Posts: 1,573 ✭✭✭Nick Park


    recedite wrote: »
    So it is a cultural thing, rather than a religious thing. it has no basis in the Koran. The Koran merely forbids women from going topless.

    If I were you I would be very careful about using this as an argument, as it is quite likely to come back and bite you in the ass.

    For example, there are many elements in Catholicism which it could be argued are not in the Bible and are cultural adaptations. How would you feel if these were to maintained in public buildings on the grounds that, as cultural rather than religious things, they are perfectly compatible with a secular State?

    The fact is that religions evolve. And if the adherents to a faith (or a sect within a faith, as is the Burka with groups within Islam) feel that something is a religious manifestation then it is a religious manifestation. Whether you feel they are justified in reaching that conclusion, or whether it is contained in a holy book or not doesn't actually define whether it is religious or cultural.

    Personally I think the burka is a horrible tradition. I would be much happier if no-one wanted to wear it. But I also want to live in a society where people are free to do things I don't like (just so long as they don't hurt or abuse others in the process).


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  • Moderators, Society & Culture Moderators Posts: 15,950 Mod ✭✭✭✭smacl


    I'm religious and support the ban
    Nick Park wrote: »
    Personally I think the burka is a horrible tradition. I would be much happier if no-one wanted to wear it. But I also want to live in a society where people are free to do things I don't like (just so long as they don't hurt or abuse others in the process).

    There's the rub though, there seems to be many cases where the burqa is imposed and is abusive. While the ban is a blunt instrument, I don't see any alternatives being put forward.


  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    I'm non-religious and do not support the ban
    Nick Park wrote: »
    For example, there are many elements in Catholicism which it could be argued are not in the Bible and are cultural adaptations. How would you feel if these were to maintained in public buildings on the grounds that, as cultural rather than religious things, they are perfectly compatible with a secular State?
    Its a double edged sword. If these unspecified elements were actually cultural, nobody could claim "but...religious persecution/discrimination" as a reason for forcing the broader secular society to tolerate them, as happens with the burqa.

    If something was truly Irish culture, then it might be allowed in public buildings on an arts and/or heritage basis. If foreign culture, then not necessarily. Particularly if it "might" represent gender oppression or something undesirable to the founding principles of the state.
    Nick Park wrote: »
    ... if the adherents to a faith (or a sect within a faith, as is the Burka with groups within Islam) feel that something is a religious manifestation then it is a religious manifestation. Whether you feel they are justified in reaching that conclusion, or whether it is contained in a holy book or not doesn't actually define whether it is religious or cultural.
    I disagree with this. I think secular society has a right and an obligation (sadly ignored so far) to research this and make a judgement. We do have a right to say this is not religion, it is culture. And from there, we can go on to say we don't want it here, because it is regressive compared to our own existing culture.
    Nick Park wrote: »
    Personally I think the burka is a horrible tradition. I would be much happier if no-one wanted to wear it. But I also want to live in a society where people are free to do things I don't like (just so long as they don't hurt or abuse others in the process).
    Again this is the great unproveable. Whether they want to wear it, or are forced to wear it, or whether it is something in between.


  • Registered Users, Registered Users 2 Posts: 579 ✭✭✭Qs


    I'm religious and support the ban
    That's rather... naive.

    You don't have to read this forum for long to come across stories of slight to severe familial disapproval for not going to mass, not getting married in the right kind of church, not baptising their children etc. This in western, supposedly secular 21st century Ireland, and in relation to a religion which does not prescribe the death penalty for apostates.

    The latter doesn't often happen in the west, thankfully, but no-one should have to make a choice between no longer keeping up the outward manifestations of a belief, and maintaining contact and good relations with their family and community.

    It may not be pleasant but that is the reality unfortunately. People are arseholes sometimes, if you want to be free from that you need to leave those people behind. Its not easy, its not nice but you can't legislate it away either.


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭Michael OBrien


    I'm non-religious and do not support the ban
    recedite wrote: »
    In its natural habitat, the desert, this would be less of an issue. This only adds weight (pun intended) to the idea that in Europe it is a culturally and climatologically ridiculous and inappropriate garment.

    It shares that stupidity with the Ramadan idea of fasting during daylight hours, which during the summer solstice, is a neverending period of time in some northern countries.

    But unlike the Ramadan fasting requirement, the Burqa predates Islam. It was originally just a uniform imposed on harem girls by their owners, to be worn whenever they ventured outside. Then later adopted by men of lower status for their wives. So it is a cultural thing, rather than a religious thing. it has no basis in the Koran. The Koran merely forbids women from going topless.

    Oh I have said that before, the burqa and niqab are political and social not religious garb. Hence my stance on this tread.


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭Michael OBrien


    I'm non-religious and do not support the ban
    Nick Park wrote: »
    If I were you I would be very careful about using this as an argument, as it is quite likely to come back and bite you in the ass.

    For example, there are many elements in Catholicism which it could be argued are not in the Bible and are cultural adaptations. How would you feel if these were to maintained in public buildings on the grounds that, as cultural rather than religious things, they are perfectly compatible with a secular State?

    The reasons for defending the burqa is on religious grounds typically with an outright threat that women will suffer if it is prohibited due to religious observance. (secular state should not interfere with private faith kind of thing).
    This is a lie, although because most muslims have little clue about their religion it can be believed by some as true. A little education by Imams would solve this.
    Excluding that single defence the burqa can be banned easily as just another face cover, just like a bike helmet. The sole difference is the religious baggage that they try to lump onto it. The reason they lump it on in the west is political as it is neither required or even mentioned in the quran.

    Give an example for catholicism that meets the same criteria that would be a problem. We can discuss it then.


  • Registered Users, Registered Users 2 Posts: 18,853 ✭✭✭✭silverharp


    The reasons for defending the burqa is on religious grounds typically with an outright threat that women will suffer if it is prohibited due to religious observance. (secular state should not interfere with private faith kind of thing).
    This is a lie, although because most muslims have little clue about their religion it can be believed by some as true. A little education by Imams would solve this.
    Excluding that single defence the burqa can be banned easily as just another face cover, just like a bike helmet. The sole difference is the religious baggage that they try to lump onto it. The reason they lump it on in the west is political as it is neither required or even mentioned in the quran.

    Give an example for catholicism that meets the same criteria that would be a problem. We can discuss it then.

    interesting angle , I tend to be more of the view that it doesn't matter because religion is subjective and there is no point in the state having a view either way. We would be in a new space if the state was issuing religious fatwas :D . would you not be setting a precedent for saying religious adhearments carry more weight and deserve more protection? for instance a western country banning halal meat if its decided it doesn't meet a county's standard of animal husbandry?

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    I'm non-religious and do not support the ban
    Certain "religious practices" (or practices that have been claimed at times to be religious) are banned, such as ritual slaughter of animals at home, or female genital mutilation. But that is because they were illegal under combined existing laws, and no derogation was allowed on religious grounds.

    When it comes to banning some religious practice that is not otherwise illegal, its a different scenario. It would be easy to ban, say, certain types of clothing or jewelry in a school or workplace unless the wearer claimed a religious reason for wearing them. Then it becomes tricky.


  • Registered Users, Registered Users 2 Posts: 18,853 ✭✭✭✭silverharp


    recedite wrote: »
    Certain "religious practices" (or practices that have been claimed at times to be religious) are banned, such as ritual slaughter of animals at home, or female genital mutilation. But that is because they were illegal under combined existing laws, and no derogation was allowed on religious grounds.

    When it comes to banning some religious practice that is not otherwise illegal, its a different scenario. It would be easy to ban, say, certain types of clothing or jewelry in a school or workplace unless the wearer claimed a religious reason for wearing them. Then it becomes tricky.

    I think its going to pop up in the future for different reasons. Muslims might lobby for exam times to be moved or what a Muslim will do or not do in certain jobs or requests for time off. I tend to veer towards a general principle of not affording any official expectation of accommodation unless an employer wants to and a non non muslim might reasonably expect.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭Michael OBrien


    I'm non-religious and do not support the ban
    silverharp wrote: »
    interesting angle , I tend to be more of the view that it doesn't matter because religion is subjective and there is no point in the state having a view either way. We would be in a new space if the state was issuing religious fatwas :D . would you not be setting a precedent for saying religious adhearments carry more weight and deserve more protection? for instance a western country banning halal meat if its decided it doesn't meet a county's standard of animal husbandry?

    That's my beef with the burqa, it clearly breaks the law in regard to face covering, but because of the 'religious' aspect and playing up the victim card, they want special exemptions or they will become more radical (and you know where that leads repeatedly).

    I wish we would ban halal meat as it is cruel and unneccesary, but I am guessing that would take actual guts by our politicians. However with Halal, it is clearly a religious issue as well as political as such practices are in their texts. So different to a burqa as I stated in a much earlier post, but for bad reasons.


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  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    I'm non-religious and do not support the ban
    silverharp wrote: »
    I think its going to pop up in the future for different reasons.
    I agree, but we can only defend against that by having a complete separation of church and state. For example, if you have state funded RC schools, then you cannot stop state funded Islamic schools.
    If you have state agencies shutting down at Christmas and Easter, then you have to accede to demands to shut down at Eid.

    Unless you can show that these traditional holidays are now cultural as opposed to religious, which is possibly related to Nick Park's earlier argument.

    Sunday trading used to be banned, but not Friday trading. That potential inequality has been solved by the state no longer accepting the traditional (religious) reason for the ban on that particular day. Another way to resolve this would have been to ban Sunday and Friday trading (and Saturday, for the Jews) But that's the kind of thinking that gets us state funded Islamic schools, and ultimately Gardai wearing burqas.


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