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Should burkas be banned in the UK? Should burkas be banned in the UK?
Burkas should be banned in the UK Burkas should be banned in the UK
Burkas should be banned in certain contexts Burkas should be banned in certain contexts
Burkas should not be banned in the UK Burkas should not be banned in the UK
Burkas should be banned because new(er) cultures should adapt to existing customs Burkas should be banned because new(er) cultures should adapt to existing customs
Burkas should be banned because safety concerns should be prioritised Burkas should be banned because safety concerns should be prioritised
Burkas should be banned because Islam does not require a burka Burkas should be banned because Islam does not require a burka
Burkas should be banned because wearing the burka normalises the oppression of women Burkas should be banned because wearing the burka normalises the oppression of women
Ski masks and helmets are also banned in some locations Ski masks and helmets are also banned in some locations
Burkas should be banned in some places because the government is secular Burkas should be banned in some places because the government is secular
Burka bans are a hinderance to integration Burka bans are a hinderance to integration
Personal liberty should be prioritised over banning burkas Personal liberty should be prioritised over banning burkas
We should not create an anti-Muslim environment by banning burkas We should not create an anti-Muslim environment by banning burkas
Banning the burka would prevent cultural dialogue Banning the burka would prevent cultural dialogue
Banning the burka would be discriminatory Banning the burka would be discriminatory
A burka ban is excessive relative to its object A burka ban is excessive relative to its object
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Should burkas be banned in the UK?
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Burkas should not be banned in the UK

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Personal liberty should be prioritised over banning burkas

A burka ban would infringe Muslim women's rights to religious freedom and civil liberties.
Gauri van Gulik Tehani Ariyaratne
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Context

In some places, including the Spanish town of Lleida, attempts to ban the burka have been overturned in national courts over concerns that it restricts religious liberties.[1]

The Argument

For those who interpret Islam's teachings as requiring them to wear a burka for their faith, they should be free to do so in the same way as anyone else who chooses religious clothing. While the UK does not have a written constitution which heralds individual liberty in the same way the USA does - primary legislation including the Human Rights Act protects freedom of speech and religion. Under this legislation, the wearing of religious attire, including crosses, kippahs and Islamic veils, is protected as a civil right.

Counter arguments

The Burka is Not a Religious Freedom The burka is not an essential part of the Islamic faith. It is a personal choice. Therefore, banning the burka is not a violation of someone's religious freedoms. They are still free to practice the Islamic faith and are able to do so, free from restriction, harassment or hindrance. [2]

Proponents

Premises

[P1] Freedom of expression and religion is a civil right. [P2] A burka ban would infringe that right. [P3] Therefore, burkas should not be banned.

Rejecting the premises

[Rejecting P2] A burka ban would not infringe that right because wearing a burka is not an essential facet of Islam.

References

  1. https://www.bbc.com/news/world-europe-13038095
  2. http://law.emory.edu/eilr/content/volume-25/issue-3/comments/burqa-ban-limitation-religious-freedom-restriction.html
This page was last edited on Monday, 5 Oct 2020 at 07:31 UTC

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