Islamic Attire: Religious Symbol or an Obstacle to Women’s Rights?

• Autores: Athanasia Zagorianou
• Localización: Global Education Magazine, ISSN-e 2255-033X, Nº. 6, 2013
• Idioma: inglés
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• Resumen

  • This article examines and discusses issues arising from bans of Islamic attires of women in public areas, schools and universities in High Contracting Parties of the European Convention of Human Rights (ECHR). This article revolves around the argument that the Islamic outfit is a symbol of oppression on women’s rights or a symbol of religion and faith. With the aim to comprehend and analyse the Western perspective on the prohibition of veils in contrast with the Islamic one and the reasons behind the issue, I set the theoretical background of this issue through the discussion of these ban-measures across some European states (i.e. France, Belgium etc.). The analysis of Articles of the ECHR relevant to the issue and particularly Articles 9(Freedom of religion) and 2 of Protocol 1 (right to education) , the citation of the related case law and my personal experience, help me answer whether the right of a Muslim woman to be educated, work as a teacher, believe and manifest her religious views is being deprived by her decision to follow the Islamic dress-code or by prohibition-laws passed by European states and approved by the European court of Human rights (ECtHR). Through the study of the relevant case law, I realise that even the legislation itself has difficulties stipulating the idea of religion within the frame of the Islamic world. From one point of view, everyone is free to choose and manifest without discrimination his/her religious views. On the other hand, someone’s religious ideas should also respect other individuals’ religious beliefs. For many people in the Western World, the idea of the Islamic veil is related to the violation of women’s rights and gives the image that these women are oppressed. However, through my personal experience on the issue and the study of the relevant academic sources, I can tell that many of these women decide to follow the Islamic dress code on their own. Their choice to defend their religious views and their way of life should be recognised and be appreciated by the European countries and the ECtHR and not be violated. It is obvious that prohibition-laws do not benefit their rights but instead have as a consequence the violation of important human rights such as the right to education, teaching, expression, religion and non-discrimination.