Rant on the Burqa Ban
I had a read of the article written by atomikcircus regarding the banning of the burqa in France. There was a program on 60 Minutes about similar legislations being proposed here in Australia by Fred Nile of the Christian Democrats Party.
I shall state a disclaimer here though no one will read this, it'sbetter to be safe then sorry. This is just my emotional response opinion, and I don't mean to insult anyone. But...
WHAT THE HELL IS GOING ON HERE PEOPLE?
I can see how covering from head to toe may offend the French people. The imagery is not particularly French. But I shan't dwell too much on France (or Belgium, where such legislation is already implemended), though the idea of banning the burqa is somewhat disturbing in any country to me. The idea that Australia, who prides herself on being a land of multiculturalism, is also considering this, is sickening.
I can see because of the uprising fear of terrorism, associated with Islamic cultures, has been equated by Western societies to be fear of that religion, its cultures and its people. But seriously, is this the right way to approach the issue? They're legislating on clothing, for goodness' sake!
A prevalent argument, put forward by Nile, is that this is done for the benefit of the women because they're being constrained by their husbands, religious leaders and the patriarchal culture etc. But is the viewpoint and perspective brought forward by a patriarchal social structure and supposedly patriarchal religion going to change just because the burqa is banned? Of course not! It'll just create more unrest in the Muslim communities ostracized by the government.
And that is not considering the fact that women, Muslim or otherwise, should have the freedom to wear whatever they're comfortable with, especially when they're not oppressed in the first place. Some can't understand why a woman would want to cover herself in such a manner, well, excuse me, but I can't understand why some women would want to expose themselves in ways that you see everyday in the streets. That doesn't give me, or the government should they agree with me, any right to say they shouldn't wear what they want to. (On a sidenote, our choices in clothing and our perceptions are naturally heavily influenced by our own culture, personality, upbringing etc. Are high-heels attractive, or are we conditioned into thinking they are thus we are willing to wear death traps in the guise of footwear?)
Ultimately it seems the legislation stems from a desire to make the Muslim community assimilate into wider society. The women are targeted in this attempt to make them 'fit in' in their appearance, despite the ideals supposedly upheld by the Western civilisation such as freedom of religion and freedom of expression. I don't know about you, but I think Australia should have had enough horrific experience with assimilation (stolen generation, anyone? Not the same thing, I know, but still, the principle is there) to make policy and law makers shy away from the concept in any capacity.
In any case, any attempt to criminalise the donning of a burqa is very likely to be unconstitutional. Section 116 of the AC clearly states that 'the Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion...' Different approaches to constitutional interpretation will of course influence the meaning of the section in any given context, but it seems to me it would be very difficult to disengage the donning of the burqa from 'free exercise' of religion. Interestingly tomorrow's lecture will be on rights and freedoms. Perhaps I shall pay attention this time and not fall asleep.
I shall state a disclaimer here though no one will read this, it'sbetter to be safe then sorry. This is just my emotional response opinion, and I don't mean to insult anyone. But...
WHAT THE HELL IS GOING ON HERE PEOPLE?
I can see how covering from head to toe may offend the French people. The imagery is not particularly French. But I shan't dwell too much on France (or Belgium, where such legislation is already implemended), though the idea of banning the burqa is somewhat disturbing in any country to me. The idea that Australia, who prides herself on being a land of multiculturalism, is also considering this, is sickening.
I can see because of the uprising fear of terrorism, associated with Islamic cultures, has been equated by Western societies to be fear of that religion, its cultures and its people. But seriously, is this the right way to approach the issue? They're legislating on clothing, for goodness' sake!
A prevalent argument, put forward by Nile, is that this is done for the benefit of the women because they're being constrained by their husbands, religious leaders and the patriarchal culture etc. But is the viewpoint and perspective brought forward by a patriarchal social structure and supposedly patriarchal religion going to change just because the burqa is banned? Of course not! It'll just create more unrest in the Muslim communities ostracized by the government.
And that is not considering the fact that women, Muslim or otherwise, should have the freedom to wear whatever they're comfortable with, especially when they're not oppressed in the first place. Some can't understand why a woman would want to cover herself in such a manner, well, excuse me, but I can't understand why some women would want to expose themselves in ways that you see everyday in the streets. That doesn't give me, or the government should they agree with me, any right to say they shouldn't wear what they want to. (On a sidenote, our choices in clothing and our perceptions are naturally heavily influenced by our own culture, personality, upbringing etc. Are high-heels attractive, or are we conditioned into thinking they are thus we are willing to wear death traps in the guise of footwear?)
Ultimately it seems the legislation stems from a desire to make the Muslim community assimilate into wider society. The women are targeted in this attempt to make them 'fit in' in their appearance, despite the ideals supposedly upheld by the Western civilisation such as freedom of religion and freedom of expression. I don't know about you, but I think Australia should have had enough horrific experience with assimilation (stolen generation, anyone? Not the same thing, I know, but still, the principle is there) to make policy and law makers shy away from the concept in any capacity.
In any case, any attempt to criminalise the donning of a burqa is very likely to be unconstitutional. Section 116 of the AC clearly states that 'the Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion...' Different approaches to constitutional interpretation will of course influence the meaning of the section in any given context, but it seems to me it would be very difficult to disengage the donning of the burqa from 'free exercise' of religion. Interestingly tomorrow's lecture will be on rights and freedoms. Perhaps I shall pay attention this time and not fall asleep.