Europe, once depicted as the proud flag bearer of tolerance and multiculturalism has been exposed for the sham it always was. Religious minorities living within dominant ‘cultures’ have been all too aware of the two-tier system that is in place, a system that grants the recognized ‘state’ religion special status over and above other religions within said state. Ireland is no exception.
And perhaps Islam more than any other recognized religion has borne the brunt of this increasing repression as European states struggle to forge their own identities while facing down the threat of an established and universal culture that transcends time and place. As writers have pointed out, this fear is largely to do with their own cultural inadequacies, if they had any certainty in themselves and who they are, the threat would simply not exist.
Be that as it may, they have responded to their obvious inadequacies by targeting Muslims and their religion and we wholeheartedly agree with Bouthaina Shaaban and the call to list such countries as those which discriminate on religious grounds against Muslims. There simply cannot be double standards on rights abuses, as the Arabs would say, ‘when you point a finger, three more point back at you.’
Cases of Religious Discrimination in Europe: The Shocking Truth
France – Hijab bans in schools, Burka ban being mulled over, personal freedoms curtailed. ‘Religious looking’ men and women denied entry into the job market.
Switzerland – Minaret bans, ‘Religious looking’ men and women denied entry into the job market.
Germany – Mosque bans, hijab bans in place, ‘Religious looking’ men and women denied entry into the job market.
Ireland – Hijab bans in An Garda Siochana, objections raised against minarets and domes on mosques. ‘Religious looking’ men and women denied entry into the job market.
Netherlands – ‘Religious looking’ men and women denied entry into the job market. Hijab bans
Greece – Muslims “denied official recognition and freedom of expression & association.”
Croatia – Muslims denied “citizenship papers and fundamental legal rights.”
Belgium – hijab bans, freedom of religious expression denied, ‘Religious looking’ men and women denied entry into the job market.
In response to the increasing incidences of hijab bans throughout Europe, the Islamic Human Rights Commission put together a report of specific violations. Although the report addresses the hijab specifically, the points are broad enough to encompass a number of concerns.
VIOLATIONS OF LAW: INTERNATIONAL LAW
a. Freedom of thought, conscience and religion
The Universal Declaration of Human Rights 1948 spoke of the ‘advent of a world in which human beings shall enjoy freedom of speech and belief’. Freedom of thought, conscience and religion is considered a fundamental human right. Indeed, as noted by the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religious Belief 1981 (‘1981 Declaration’) ‘religion or belief, for anyone who professes either, is one of the fundamental elements of his life’(vi). Under the A.9(1) of the ECHR,
Everyone has the right to freedom of thought, conscience and religion; this right includes…freedom, either alone or in community with others and in public or private, to manifest his religion or belief in worship, teaching, practice and observance (vii).
The European Court of Human Rights has consistently stated that this right is at the core of a democratic society, claiming that ‘[i]t is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable from a democratic society, which has been won over the centuries, depends on it’ (viii).
The second part of A.9(1) protects the freedom to ‘manifest’ ones religion or belief ‘in public or in private, alone or with others’. The manifestation may include ‘worship, teaching, practice or observance’. In Vereniging v Netherlands, (ix) the European Commission of Human Rights stated ‘A.9 primarily protects the sphere of personal beliefs and religious creeds….[i]n addition it protects acts which are intimately linked to these attitudes such as acts of worship or devotion which are aspects of the practice of the religion or belief in a recognised form’. Indeed, in Mannousakis v Greece (x), the Court held that the right of manifestation of belief excludes the discretion of states to determine ‘whether religious beliefs or the means used to express them are legitimate’.
Under A.9(2) ECHR, ‘[f]reedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are 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 rights and freedoms of others’. Indeed, the right enshrined in A.9 is so fundamental that the limitations in A.9(2) are even narrower than those relating to the freedom of expression, association and assembly contained in the ECHR. The European Court has consistently stated that there must be a narrow construction of these limitations together with a broad interpretation of the freedoms guaranteed. Any restrictions on freedoms must be ‘construed strictly’ and can be justified only by ‘convincing and compelling reasons’ (xi).
It is fundamental to remember that, to a Muslim woman, the wearing of the hijab is not merely a personal display of faith – it is an obligation imposed by her religion. Proponents of the ban claim that the hijab cannot be tolerated in a secular state educational system because the mere fact of wearing it amounts to proselytism. Yet for those who wear it, it is simply a matter of personal obedience to God. It is also imperative to remember that even if evidence is adduced to show that the hijab amounts to proselytism – this is not a legitimate reason under international human rights law to ban it from being worn. In fact, such a manifestation of one’s religion would be protected under ECHR provisions relating to freedom of expression. A.10 ECHR provides that this right includes, ‘freedom to hold opinions and to receive and impart information and ideas without interference’. This right is often considered the cornerstone of personal freedom and is vigorously upheld. Indeed, the Court has stated that it ‘constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and for the development of every man’ and applies to the freedom to express an opinion, even when it might ‘offend, shock or disturb’ (xii). In reality, this is the same freedom of expression advocated by European countries which criticise states such as Saudi Arabia or Afghanistan for their human rights standards. Human rights law is not specific to culture or country – it exists precisely to contradict every form of state oppression – whether it be in the name of religion or secularism.
A further argument being made to support the ban is that childrens’ autonomy is being overridden by parents and communities who are coercing them into wearing the hijab. However, once again, there is little evidence to support this and even if this is the case – it is impossible to justify replacing parental control over a child’s actions with state control over the dress of individuals of an entire section of the community. Indeed, the idea of human rights is based on the notion that for each individual there is an area of personal liberty immune from state invasion. In recognition of this principle, A.2 of the First Protocol to the ECHR (1952) (to which France, Germany and Belgium are signatories) states, ‘[n]o person shall be denied the right to education…the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions’. This is one example of the intention of international legislation to endorse the right of parents to protect children against the use of educational institutions by the state for ideological indoctrination of its own ideas. It seems that while the apparently proselytising nature of the hijab is being criticised by state authorities, the same authorities are also engaging in their own form of proselytism by banning religious symbols – that of furthering their own secular agenda. This has particularly serious consequences if we remember that it is precisely in the human mind that attitudes and prejudices take form. By imposing the fictional absence of religion in schools that exist within a multi-faith society, it is arguable that the Government is simply promoting the development of uniform intolerant attitudes within young minds.
b. Freedom from discrimination
Under the ECHR, the limitations on freedom under A.9(2) are subject to A.14 which provides that Convention rights ‘shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.’ (xiii) The European Court has stated that discrimination on the basis of certain grounds, such as race and sex, is particularly serious and has stated that ‘very weighty reasons’ would have to be advanced before such treatment could be regarded as compatible with the Convention (xiv). A ban on the hijab, turban and kippa is unfairly discriminatory towards particular ethnic groups – namely Jews, Sikhs and generally Muslims from a particular racial group. Furthermore, in Germany, the ban is only applicable to the hijab and specifically excludes Jewish and other religious symbols – a clear instance of religious discrimination. Although Germany has purported to justify this on the grounds of the Christian nature of the country, it is unlikely that the European Court will consider Germany’s margin of appreciation in interpreting the ECHR wide enough to allow such flagrant discrimination.
Furthermore, a ban on the hijab would clearly affect women for whom this religious dress is considered mandatory under Islam. The Convention on the Elimination of all Forms of Discrimination Against Women 1979, to which France, Germany and Belgium are signatories, provides that the term ‘discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women…on a basis of equality of men and women, of human rights and fundamental freedoms…’ (A.1). A.2 places an obligation on states to ‘condemn discrimination against women in all its forms’ and ‘to pursue by all appropriate means and without delay a policy of eliminating discrimination against women…’.
c. The right to education and work
The right to education is recognised in many major human rights instruments, including the Convention on the Rights of the Child 1989 (A.28) and CEDAW, which provides for equal rights for men and women the field of education (A.10) and employment (A.11) (xv). UNICEF has recently reported that millions of children worldwide are still denied the basic right to education – with gender disparity ensuring that the majority of those children (65 million) are girls (xvi), many of them being in the Arab states or sub-Saharan Africa. Perhaps it is then ironic that the ban on headscarves in public schools will deny girls access to schooling in countries of the so-called ‘developed’ world. No child should have to choose between practicing the tenets of their faith and acquiring a basic education – yet for Muslim girls in certain European countries – this may be the stark choice that they face.
Furthermore, for the proponents of the ban to argue that the hijab inhibits the successful integration of Muslim girls into French society is paradoxical. Integration is, after all, a two way process. France cannot expect Muslim girls to become its integrated citizens while marginalising them by effectively denying them education. A ban would lead to increased educational exclusion, lack of employment opportunities and thus social deprivation – ironically adding to the myth of the ‘oppressed’ Muslim woman in a veil. The end result would be the creation of an ‘apartheid’ system in the heart of Europe – discrimination against a group of citizens who are denied education (or forced into substandard educational systems) and effectively the right to work thus forcing them into a spiral of economic and social isolation.
It’s time to put an end to the double standards of the EU and its respective states.
apostasy. 
