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Referendum on banning the Burqa?: No thanks

By Paula Gerber and Farinaz Ashni - posted Monday, 2 February 2015


The UN Human Rights Committee held as much in Raihon Hudoyberganova v Uzbekistan when it found that:

the freedom to manifest one's religion encompasses the right to wear clothes or attire in public which is in conformity with the individual's faith or religion. Furthermore, it considers that to prevent a person from wearing religious clothing in public or private may constitute a violation.

The feminist view

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Some feminists, such as Virginia Haussegger, assert that the burqa is a form of female subjugation, and support its ban. They see it as oppressive and dehumanising and even a form of "gender apartheid".

But these feminists are seeking to dictate what women should wear (or not wear) in much the same way as clerics and politicians. Feminists who support women's rights should be respecting women's autonomy, equality and dignity. They should not be deciding for them what they should or shouldn't wear.

So, about that referendum…

Australiashould NOT hold a referendum on 'banning the burqa'. Although it is extremely unlikely that a referendum would succeed, (after all, of the 44 referendum Australia has had, only eight were successful), it would be a divisive move that would give license to supporters of a ban, to voice their prejudices and bigotry (and we know everyone has a right to be a bigot!). It would inflame rather than calm relations between Muslim and non-Muslim Australians.

Human rights belong to all individuals and cannot be removed by popular vote. In a free and democratic country such as Australia, we must respect the right of religious minorities to dress according to their faith, regardless of how confronting that attire may be for some people.

In the end, we should be guaranteeing the human rights of Muslim women by respecting their autonomy, equality and dignity, rather than compelling them to dress according to the dictates of others, be they Islamic clerics, vocal politicians or well-intentioned feminists.

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About the Authors

Paula Gerber is Deputy Director of the Castan Centre for Human Rights Law and an Associate Professor at the Monash University Faculty of Law. She specialises in international human rights law generally, with a particular focus on children's rights and gay rights, including same-sex marriage. She tweets @DrPaulaGerber

Farinaz Zamani Ashni (@Fantastic_Faz) is an academic at Monash University Law Faculty and author of 'Burqa: Human Right or Human Wrong?' with Paula Gerber.

Other articles by these Authors

All articles by Paula Gerber
All articles by Farinaz Ashni

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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