Veiled Muslim Women' S Rights to Employment and Free From
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Veiled Muslim women' s rights to employment and free from discrimination Why veiled Muslim women shall be protected from abusive general ban Basri Durohad, 920408-2318 Human Rights Bachelor Thesis 15 credits Spring semester 2021 Supervisor: Anders Melin Abstract The practice of wearing hijab has been around for hundreds of years and around the world by Muslim women. It has been revealed that the decision to wear hijab is varied among Muslim women ranging from religious convictions to the consideration of the attire as a tool for empowerment. This paper, which utilizes a normative method with an argumentative structure, will defend the right of veiled Muslim women to employment and free from discrimination, and aims to clarify why the general ban on religious sign, specifically on hijab in this regard, not conforming to the basic principles of human rights . The argumentation will include a discussion and critiques regarding the two core principles in favor of banning hijab in the field of employment and comes to the conclusion that they appear to be built on weak grounds. Furthermore, some relevant conflicting principles regarding the hijab issue within the field of employment will be discussed. The conclusion maintains that veiled Muslim women shall not be pushed into the corner of the society by the two dominant discourses which are now included in the written legislations within the European laws and national laws. The paper concludes by stating that veiled Muslim women shall be accommodated to work and contribute to the European mainstream employment just like females from other groups. Key words: Hijab, Religious accommodation, Right to employment, Right to manifestation of religion belief Word count: 13 123 Table of Contents 1. Introduction 1 2. Theory 2 2.1 Theory 2 2.1.2 The right to manifest religious expression 3 2.1.3 The element of diversity 4 2.1.4 Secularism 4 2.1.5 The principle of neutrality 4 2.1.6 The right to employment 5 2.1.7 Freedom from discrimination 5 2.1.8 The rule of genuine and determining occupational requirements 5 3. Method and aim 6 4. Background 7 4.1 Hijab 7 4.1.2 Purpose of the practice 10 4.1.3 The will to follow the religious ground 11 4.1.4 Hijab is deemed to be a tool for empowerment 13 4.2 Hijab in Europe 14 4.3 Hijab in the European labor market 15 5. Argumentation 17 5.1 Ensuring the principle of neutrality 17 5.2 Standing up for gender equality 26 6. Conclusion 35 7. Works Cited 39 1. Introduction The practice of wearing hijab is exercised worldwide by Muslim women and has been practices for hundreds of years. Due to immigration by Muslim into Europe in the late 20th and early 21st centuries, there are a quite sizeable population of Muslim within the continent. As for example, it has been revealed that “ with the impact of immigration, Islam has become the second religion in the EU, after Christianity; today, Islam is the only monotheism to experience growth in Europe” (Université libre de Bruxelles 2018, p.26). Accordingly, it is understood by its very nature that the practice of wearing hijab is also observed in this continent by many female Muslim women. In this regard, the primary focus of this paper is the hijab issue within the field of European mainstream employment, be it public or private ones. Today's European's social and political climates see the increase of banning hijab both at school and workplace. The justifications given for banning hijab in some public settings (including at private companies) range from the call for neutrality to the advocacy of gender equality. It is crucial to mention here that the boundary between public and private spheres does not really matter any longer as it has been proved that “ in recent years the neutrality law did not prove to be limited to the public bodies as intended. The neutrality law also affected the job market [private sector]” (Tosuner n.d., p.17). The aim of this paper is to argue in defense of the rights of veiled Muslim women to employment, freedom of religious expression and free from discrimination. This paper will argue that the two core principles which are used in favor of banning hijab at the workplace; the principle of neutrality and gender equality appear to be built on weak grounds which subsequently are not based upon scientific and empirical facts. The core stand of this paper on the hijab issue within the field of employment derives from a previous research by Lara-Zuzan Golesorkhi who maintains that the proper approach 1 to adopt in this respect is the framework of religious accommodation on the grounds that the total immersion in abstract notions such as assimilation, neutrality by European states is not fruitful one since it will only widen the gap between those from the dominant societies and those from the minorities side and, according to her understandings, it is demonstrated that “ the implementation of a [religious] accommodation approach moves away from blanket assertions that Islamic garb endangers neutrality and rather establishes a system in which restrictions to access the labor market must meet the threshold of proving undue hardship” (Golesorkhi 2019, p.565). Accordingly, this paper contends that the primary requirement when it comes to employment shall be on work-related criteria first such as qualification, skill, knowledge, competence, etc. On the other hand, it also contends that the ban on hijab shall be applied only in a very limited and concrete way whereby there is a genuine and determining occupational requirement to do so. However, the interpretation of the said requirement of this paper is narrower and more practical than that of the European court. 2. Theories 2.1 Theories In this section, relevant concepts and principles will be laid out and clarified. Firstly, it will clarify the principle of freedom of religious expression. It will argue that the aim of the principle is to accommodate religious citizens to be able to express their religious practices beyond the spheres of their own households. Secondly, it will delve into the element of diversity which calls for respect to the cultural diversities whereby any policy which to be enacted shall go in hand with the current societal structure so as to achieve integration. 2 On the other hand, it will also touch upon the principle of secularism and neutrality which are the core principles the states utilized to ban hijab within the field of employment. Lastly, it will also outline the right to employment and free from discrimination which are so crucial for any citizen in the sense that not only will they enable one to earn one's living but they will also allow one to be able to contribute and be included into the society. Lastly, it will also present shortly the rule of genuine and determining occupational requirements which, according to the stand of this paper, shall be the decisive factor whether to ban hijab or not in those specific occupational circumstances. 2.1.2 The right to manifest religious expression In line with the basic principle of human rights law, everyone has the right to manifest religious expression publicly. To begin with, it is not surprising at all because it is unreasonable if the right to manifest religious expression only applies to the private spheres. As for instance, article 18.1 of ICCPR stipulates that; 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. (ICCPR n.d.) A good example to refer to here is one of the cases below, the case of Baby Loup of France. According to the assessment of the Human Rights Committee, France violated the right of Ms. Fatima Afif to manifest her religious expression because they found that France could not “...explain how the wearing of the headscarf ran counter the objectives of the crèche or how it interfered with the rights and freedoms of others” (OHCHR n.d., p.7). 3 2.1.3 The element of diversity As mentioned in the introduction section, Muslim population makes up a quite sizeable number in the continent. On the other hand, however, Europe is the ideal destination for all people around the world. As such, both the phenomenon of immigration and globalisation make the societal structures of many societies in Europe so diverse and pluralists. For that reason, as the focus of this paper is on the field of employment, it is recognized that “in today's work environment, diversity is an ever-evolving issue that includes women's rights; cultural and ethnic diversity; age and disability equality, as well as gender rights (Leonard 2019). Hence, this paper argues that veiled Muslim women shall also be recognized by the dominant societies in Europe. 2.1.4 Secularism When mentioning the term secularism there are so many definitions of it. However, this paper finds a proper definition which seems to be fitting with the issue of the paper. According to Adhar and Leigh, “secularism seldom remains for long as a straightforward state refusal to align itself with, or establish a particular faith; rather, experience suggests it inexorably develops a commitment to actively pursue a policy of established unbelief” (Henin 2015, p.1). As such, it is not unexpected to see the attempt of secular states such as France to suppress the interest of religious people who are seen as othered and unruly against the culture of the dominant society.