THE QUESTION OF THE RELIGIOUS HEADSCARF THROUGH THE SCOPE OF HUMAN RIGHTS

CRITICAL ANALYSIS OF THE RESTRICTIONS IN THE APPROACH OF FRANCE

Abstract

The purpose of this essay is primarily to present a constructive critique of restrictive measures
for wearing the religious veil, which were introduced in France as an overture in 2004 and later
in 2011 and secondly, to equate them with the discriminatory policies of Western countries
towards Islam. The essay will try to argue the inadequacy of the approach and highlight the
hazard and uncertainty it poses. This assertion would be presented by a number of points. Firstly,
the paper will illustrate the danger of stigmatization of the Muslim population, specifically
women exercising this practice. Secondly, an attempt will be made to examine this policy in
relation to Islamic extremism and fundamentalism in Europe, and in addition, it will offer a brief
overview of the refugee crisis and the issues it would (re)open in this area. Finally, the essay will
propose an exit thesis according to which the Strasbourg Court will have to take the lead in this
debate. By examining some of the leading cases before the European Court of Human Rights (in
further text abbreviated as 'the Court') in this regard, the essay will raise a series of questions and
stress the necessity for the Court to address this delicate issue with due respect and embrace his
role as a promoter of human rights. Ultimately this essay seeks to assess France's approach, but
also France's apologetic argumentation as wrong in articulating intercultural dialogue. In the
same way, it will point out that despite the tendencies to objectify the act of the veil ban, this act
has never lost its "political context".