The niqab doesn’t symbolize freedom
46
When the Canadian Charter of Rights and Freedoms was drafted in
1982, few imagined it was enshrining rights that would be used much
later to defend notions that contradict Canadian values.
They could not foresee that a minority of Canadians would use the Charter to undermine the Canadian way of life by restricting human rights — specifically, women’s rights.
After all, in 1982 the issue of the niqab, the Muslim face veil, was nowhere to be found in Canadian society.
At that time, cultural diversity seemed a far more benign prospect.
After all, the Charter was a way of encapsulating Canada’s policy of multiculturalism.
In Canada, we cherish the right of religious and ethnic minorities to be protected, and we welcome the provision for anyone who feels discriminated against to go to court.
The Prime Minister’s Office is inclusive enough to invite Muslims for an iftar meal, the traditional breaking of the daily fast during Ramadan.
By contrast, in parts of China, Muslims have been banned from observing any Ramadan fasting.
But in Canada, some Muslims cherish the “right” to uphold such practices as the wearing of the burka and niqab.
One recently challengeed Defence Minister Jason Kenney over his tweets about Canada’s admirable accommodation of religion.
I am referring to a Twitter exchange between Kenney and a prominent local Muslim.
After Kenney lauded Canada’s religious freedoms, this individual responded: “Very respectfully, sir: U know full well that the choice of veil in public spaces is protected in Law.”
Kenney responded that according to sharia law in the Hajj pilgrimage, “hiding one’s face is prohibited.”
The minister is right: Women must reveal their faces during the Hajj.
Not only is that true, but it can be argued the niqab itself violates the sharia principle of moderation in religious observance.
The niqab, and particularly the insistence that women wear it when out in public, represents an extreme part of Islam, both in belief and practice.
Fortunately, of course, we don’t live in Canada under sharia.
Therefore, we need to pick a sensible path through the general provisions of the Charter of Rights and Freedoms, particularly paragraph 1 and 2 in section 15.
Its vagueness allows critics of the government to assert the legality of wearing the niqab throughout citizenship ceremonies.
But the vagueness of the terminology can also help those who oppose the wearing of the niqab in public and support the government’s Oath of Citizenship Act.
The Charter does not specify that only practices deemed physically harmful to Canadians can be restricted under the law, as some have asserted.
When the Charter states there can be “reasonable limits” on rights such as those that can be “demonstrably justified in a free and democratic society”, it is referring to more than just physical injury.
Indeed, there are several ways in which it can be argued the wearing of the niqab is injurious to Canadian society.
For example, our right to see the faces of others in our public dealings with them.
The wearing of the niqab has also become a security issue, since criminal elements have used the anonymity it provides to attempt or commit crimes.
Perhaps most important, garments like the niqab harm society by segregating and marginalizing women.
Canadians value multiculturalism but know its limits.
We should be applauded for recently outlawing polygamy and forced marriages.
Let us all now unite to outlaw the heinous practice of veiling women.
They could not foresee that a minority of Canadians would use the Charter to undermine the Canadian way of life by restricting human rights — specifically, women’s rights.
After all, in 1982 the issue of the niqab, the Muslim face veil, was nowhere to be found in Canadian society.
At that time, cultural diversity seemed a far more benign prospect.
After all, the Charter was a way of encapsulating Canada’s policy of multiculturalism.
In Canada, we cherish the right of religious and ethnic minorities to be protected, and we welcome the provision for anyone who feels discriminated against to go to court.
The Prime Minister’s Office is inclusive enough to invite Muslims for an iftar meal, the traditional breaking of the daily fast during Ramadan.
By contrast, in parts of China, Muslims have been banned from observing any Ramadan fasting.
But in Canada, some Muslims cherish the “right” to uphold such practices as the wearing of the burka and niqab.
One recently challengeed Defence Minister Jason Kenney over his tweets about Canada’s admirable accommodation of religion.
I am referring to a Twitter exchange between Kenney and a prominent local Muslim.
After Kenney lauded Canada’s religious freedoms, this individual responded: “Very respectfully, sir: U know full well that the choice of veil in public spaces is protected in Law.”
Kenney responded that according to sharia law in the Hajj pilgrimage, “hiding one’s face is prohibited.”
The minister is right: Women must reveal their faces during the Hajj.
Not only is that true, but it can be argued the niqab itself violates the sharia principle of moderation in religious observance.
The niqab, and particularly the insistence that women wear it when out in public, represents an extreme part of Islam, both in belief and practice.
Fortunately, of course, we don’t live in Canada under sharia.
Therefore, we need to pick a sensible path through the general provisions of the Charter of Rights and Freedoms, particularly paragraph 1 and 2 in section 15.
Its vagueness allows critics of the government to assert the legality of wearing the niqab throughout citizenship ceremonies.
But the vagueness of the terminology can also help those who oppose the wearing of the niqab in public and support the government’s Oath of Citizenship Act.
The Charter does not specify that only practices deemed physically harmful to Canadians can be restricted under the law, as some have asserted.
When the Charter states there can be “reasonable limits” on rights such as those that can be “demonstrably justified in a free and democratic society”, it is referring to more than just physical injury.
Indeed, there are several ways in which it can be argued the wearing of the niqab is injurious to Canadian society.
For example, our right to see the faces of others in our public dealings with them.
The wearing of the niqab has also become a security issue, since criminal elements have used the anonymity it provides to attempt or commit crimes.
Perhaps most important, garments like the niqab harm society by segregating and marginalizing women.
Canadians value multiculturalism but know its limits.
We should be applauded for recently outlawing polygamy and forced marriages.
Let us all now unite to outlaw the heinous practice of veiling women.
Posts
No comments:
Post a Comment