LG,
Not one to quote a line at a time but needs to be done here.
the French government is protected by their own constitution to keep state and religion separate
Agreed
why they went forward with the bill that banned religious symbols in state operated and state supported schools
Disagree. Separation of government and church was solely for the 'running' of government and bore no effect on the populace and how they observed their religion. As of today, the freedom to practice one's religion is part of the French constitution with no qualifications on when and where it is deemed acceptable/unaccepta ble.
In article 2 of the French constitution, it states that "the State should ensure the equality of all its citizens before the law and respect all beliefs".
The ban on the Hijab and now the Burqa is contrary to the above as it disrespects Islam and Muslims are no longer 'free' to practice their religion.
In other words, the law has not been broken by the previous ban and the law should not be broken once this ban is made to law. For this reason, the same faith will be dealt the Burqa from being worn in government buildings and government property, parks, roads, etc and it will not become a violation of its own constitution.(after all they will do their homework and get legal advise to see to it that they dont violate individual freedom, through the expression of religion with the ban)
The constitution should be changed then. A qulification should inserted stating the latest bans. If this doesn't happen the new laws are going against the constitution.
However, if the French do not do anything to combat this growing burqa phenomena from its territory, the majority of its citizens would perhaps view the state to be undermining their secular values and thats dangerous when the beliefs of few should be valued more than the view and values of the majority.
Regardless, it will still be viewed as going against what are considered secular values.
North, this ban, once its made to law will ensure that individual liberty and religious freedom are protected for as long as its done in the privacy of one's home. After all is done and said, do you still believe this to be in violation of France's constitution ya north?
Like I said, unless the constitution is revised stating France's latest definition of religious freedom it IS a valuation of the same constitution. What the French are doing is dictate 'how' one should observe his/her religion therefore making it 'free' no more
Definition of liberty from wordnet.princeton.ed u/perl/webwn:-
# autonomy: immunity from arbitrary exercise of authority: political independence
# freedom of choice; "liberty of opinion"; "liberty of worship"; "liberty--perfect liberty--to think or feel or do just as one pleases"; "at liberty to choose whatever occupation one wishes"
# personal freedom from servitude or confinement or oppression
# shore leave: leave granted to a sailor or naval officer
# familiarity: an act of undue intimacy
Additional reading:
The French Hijab Ban
Most reasonable people believe that the rule of law should be concerned with the
administration of justice rather than the implementation of tyranny. The French
government will be breaking its own law if it bans the hijab since :
1.
The European Convention on Human Rights has been signed and ratified
by France. ECHR rights including Article 9(i) rights to freedom of religion
and freedom to manifest religion in worship, teaching, practice and
observance, have been incorporated into French domestic law since 1974.
Article 55 of the French Constitution confirms that any new French law
should be in harmony with the ECHR.
2.
Wearing the hijab is a voluntary act of religious observance and therefore a
valid expression of Article 9(i) rights. The hijab is not worn as “a religious
symbol” – it is an integral part of the prophetic way of life which has been
embodied by all the true followers of all the true prophets, including
Moses, Jesus and Muhammad, blessings and peace be on them.
3.
Wearing the hijab is not a threat to anyone and does not violate anyone
else’s rights and freedoms. In accordance with the ECHR Article 9 rights,
anyone who believes in accordance with their beliefs that wearing the hijab
is not necessary is free not to wear the hijab - and anyone who believes in
accordance with their beliefs that wearing the hijab is necessary for
religious reasons is free to wear the hijab.
4.
This means that the proviso in Article 9(ii) is not applicable since banning
the hijab can hardly be viewed as 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.
5.
Therefore any French legislation banning the hijab constitutes direct
religious discrimination by the organs of state in direct violation of the
ECHR. This is a denial of a fundamental human right which the French
state is in fact under a duty to protect and secure by virtue of Articles 1, 13
and 14 of the ECHR.
6.
The same reasoning applies to all members of the European Union who
have signed and ratified the European Convention on Human Rights.
Ahmad Thomson
Barrister
Deputy-Chairman, the Association of Muslim Lawyers (UK)
10th February 2004
19th Dhu’l-Hijja 1424
Source
