The rising European nation has passed the restrictions on the religious dressing at public places. This reflects the stress on pluralist communities facing with national identity, integration as well as security. In the two landmark decisions, the group found that France and UK disrupted the human rights of the women by punishing them for wearing the Burqa and Hijab which as full body Islamic veil.[1] The law has effect of banning the wearing of these two dresses in public which covers the whole body and leave the slight opening for the eyes. France and UK found that the wide-ranging criminal ban on the wearing of the hijab at public areas harmed the campaigners. The nations also determined that the ban in shielding fully veiled women which might have the conflicting effect of restraining them to their backgrounds.
France and the UK determined that such a wide-ranging criminal ban on wearing the hijab in public areas negatively affected campaigners and could further isolate fully veiled women, restraining them to their backgrounds. Students analyzing such socio-legal and human rights issues can explore detailed guidance through Assignment Help in UK, which provides academic support on topics related to ethics, law, and cultural studies.
France enacted the law which prohibiting the wearing of religious symbol “ostentatious” at public areas such as Jewish kippahs, catholic dresses and Muslim headscarves. Wearing the Muslim Hijab and Burqa are banned in the French schools as well as for the servants within workplaces. In UK, the Equality Act 2010 protects people from harassment, discrimination as well as victimisation of the religious belief. The UK government is promoting as well as supporting the freedom of belief effectually.
Laïcité is a political term in France which denotes the separation of the state on removal of religious values from the public sphere by secular values like equality, liberty as well as fraternity. France has enacted the law of prohibiting the wearing of Burqa and Hijab in public places. This considers the present government policy towards the religion in the modern interpretation of Laïcité as well as its applicability to multi-cultural diversity. The national assembly within France has banned the wearing of burqa and Hijab in public spaced which conceal the face.[2] French Senate passed a law in 2019 discourse the ban on the headscarves in school trips during the excursions. The France’s National assembly in year 2021 has passed the law that the administration says to protect the country against the Islamist separatism. The France Committee, the legitimate gathering has deemed the legitimate with the changes in two requirements.
During the physical classes, the students were asked to remove the hijabs on the premise which were incompatible with sports.[3] They refuse to take off their Hijab which expelled them from the school for breaching the laws by failing to participate actively in the physical; education. In the year of 2015, the ECtHR has rules against the Muslim women in French who claimed that workplace regulations forcing women to remove the Burqa is discriminatory. The ECtHR has banned the public sector workers wearing Burqa and Hijab by highlighting that this will not violate the freedom of religion and culture. The French constitution has offered with the values of strict religious impartiality as well as secularism on the public officials in discharging their functions (Religious Discrimination in International Employment Law, 2024). In the year of 2016, the Muslim women has engaged the private sector IT consultancy by rejecting to remove the headscarf. Under the EU anti-discriminatory rules consist not to wear the headscarf in the employment. In the year of 2022, the France high court has supported the ban by Bar companions of Lille on Counsellors on wearing the Burqa and Hijab which is a religious sign in court.[4] Further, in 2023, France’s high governmental court has put ban on the Muslim burqas and Hijab within the school which agree with the France education minister.
On the other hand, the Human Right Act in UK has allowed people to bring claims in the court. The Act empowers people to challenge actions which infringe their rights in the UK court. This obliges public bodies to act in the compliance with the rights in ECHR which ensures human rights in daily governance. The right to practice religious belief was challenges in 2014 which ban the Hajib and Burqa within public places.[5] Some people argued that women have their own choice to wear the Hijab on privacy, humility as well as non-objectification as a sexual object. Some also argued that women who carry burqa are forced to wear it by men. The MP’s has banned the burqa in UK as it offends the women’s rights as well as highpoint their relegation. On the other hand, the danger of such policy include counter to British values on respect, diversity as well as tolerance for others in UK.
In terms of the legal cases various Muslim women have taken the step to impose their rights to wear religious clothes in the claim for English law. The House of Lords has putted Begum’s article 9 which accentuate that schools are justified in excluding uniform policy which respect Muslim culture.[6] Article 3 offers a financial penalty for establishment embarrassed of wearing the face casing to prompt the people of French values. Article 4 state that men should not force the women to wear Hijab and Burqa. [7]If they does not comply on this law serve one year custodial sentence and fines and in case of young girl the punishment is of 2 years. Muslim women in the France need to select to eliminate the burqa so that they might enter in the public area. Other European nations has now starting with the discussion on Burqa such as UK. The UK parliament has presented with the face cover bills in year 2013. The bill does not have influence on hijab that does not safeguard the face, but it has forbid the burqa and niqab. Like the French law, the bill has aimed to criminalize the face covering in the schools as well as public places.
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France has a tradition of secularism which enshrined the French constitution which separate the religion from public spaces and institutes such as schools and workplace. This is led to ban on the religious symbols within the educational and workplace institutions. The major ban in French include the students from wearing the religious clothes in school which include Christian crosses, hijab and burqa which target direct symbol of the religion. [8]The country has taken step to ban the burqa and hijab in the public areas. The law has also claims the face cover posing the security risk as well as hinder communication in the society. These bans are under the principle of secularism with the need to maintain the neutral environment within the public spaces. In year 2020, the school educator has showed the image of the Prophet Mohammed in class as a part of free discussion has been devastated by the religious fanatic. This has made government to become more devoted to ensure secularism in the curriculum with no exempt from this.
France education minister has also publicised the ban on abayas which is full length robes wear by women within the public areas. Unlike the religious symbols, the abaya has no clear religious significance.[9] School setting has asked the French government regarding the guidance on the abaya being indorsed on the social media channels as well as Muslim community group within the nation. France education system has also witnessed the rising debate on the secularism which make the curriculum the major point for discussion about the balance among religious expression. However, French Council of the Muslim faith contend which unless all the dresses which are banned in spite of the religious targeting, affiliation as well as targeting the Hijab might lead to discrimination. They also focus on the significance of not allow the authority to define on the religious culture. Critics also argued that the France’s secular policies target the Muslim disproportionally.
On the other hand, in UK there is a rising awareness on the interdependent nature of the international human standards in prevention. States address the acts of religious prejudice in the human rights compliant manner. [10]The religious hatred constitute incitement to hostility, discrimination as well as violence must be prohibited by the laws and policies. The freedom of expression is considered as the major aspect of the people’s defence against the authority. Human rights protectors trust on the right to challenge the government infliction of the human rights exploitations.[11] This is the foundation for religious activities which exercised in concern with the right to liberty of assembly. In UK, the expression of faith in dress is the part of the community which is committed to religious freedom. Religious dress are visible sign of the diversity in the society.
The European Convention on Human Rights (ECHR) is the major instrument which protect the human rights. This is most relevant to religious attire by Muslim women in the global instrument in Article 9 on liberty of religion. This guards the liberty to change the religion which has the autonomy to manifest the teaching as well as worship. The rights to evident the religion under the agreement include the defence of wearing the religious dresses such as Hijab and Burqa.[12] On the basis of ECtHR, the public area is open for all which allow all people to wear their religious dresses. On the other hand, covering of face with Burqa consider the arguments by the states which is contrary to conditions of social communication. UK government does not support the ban on wearing the Hijab and burqa in public spaces. There is also no general law to wear the face masks in the specific places. Healthcare and educational settings are allowed to have their own practices needed people to wear religious dresses in their premises.
France’s responsibility to secularism include as a freedom from the religious influence has been transformed with the cult like system. French representatives has approved the new guideline which forbidden the students from wearing the religious signs in the public schools. The French parliament has passed the bill on the conspicuous religious symbols within the curriculum which ha kippahs, crosses as well as mainly burqa.[13] The government has also prolonged their laws of laïcité by ban on abaya which is the dress worn by the Muslim women in French. On the other hand, in UK the launch of ban on wearing the Muslim hijab and burqa in public spaces. Variations of the uniform has been made by the range of authorities to allow the wearing of modest cloths which an employee or student wish to wear in religious activities.
Conclusion
By summing up, it has been concluded that various nations has banned on wearing the face veils such as hijab and burqa which is controversial topic in the bill. However, various European nations has regulated the wearing of hijab and Burqa in the public spaces. The France has put ban on the burqa in year 2004 in school. In the argument of equality, the appeal to the principle of the laïcité serve with defame which exclude the implied Muslim women from the republican institutions. This neutrality aims in promoting the environment of freedom and equality which conductive to personal development which is free from religious bias and influence. The presentation of the law explicitly bans the wearing of the religious attire in the curriculum which highlights the responsibility to maintain the secular space in the public education. The objective is to make sure that schools are the space where the learners in spite of their religious backgrounds are welcomed as well as treated with equality.
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