The Burqa Should Not Be Banned in Australia

A nun can be covered from head to toe in order to devote herself to god. But when a Muslim woman does the same she is being oppressed. It may be argued that wearing a burqa benefits only a few and brings more harm than good to society. The real question is who does it harm? That should be the basis for banning this piece of clothing, not one based on fear or an arguably feeble argument that the women do not have a choice. To say that a ban on a specific item like this is undemocratic is an understatement. Following the French senate’s unanimous vote in favour of banning the burqa in late 2010, many European and western countries including Belgium and Spain have made the decision to take the same action. In 2010, Australian Liberal Senator Cory Bernardi called for the burqa to be banned, branding it “un-Australian”. The ban did not go ahead, however debate about the burqa continues. Although it seems unlikely that this law will pass in Australia, it is indisputable that putting a ban on the burqa is both morally wrong, and is driven by religious discrimination.

Although the burqa is commonly seen in the western world as the Islamic symbol of oppression and a display of male dominance, in truth the burqa is merely an expression of devoted faith, modesty and purity. The generalisation that women wearing burqas are oppressed is merely an assumption with no supporting evidence. This is because the western culture sees, ‘covering-up’ as a symbol of women being silenced. If this is truly an issue concerning the women’s rights, the women in question should be given a chance to voice their opinions and explain their side of the story. In addition, criminalising these women is hardly going to free them from their so called ‘oppression’. Furthermore in a country with strongly enforced laws regarding violence against women and numerous domestic help services, it is highly unlikely that women would tolerate being forced into making life-changing decisions. From personal experience I can say that on the contrary most men discourage these decisions feeling that their daughters or wives may be discriminated against or treated with hostility. However, ultimately it is the woman’s right to do as she pleases and the moment that we start to legislate against this is the divide where individual freedom ends and oppression begins.

As a multicultural country, it would be considerably hypocritical for Australia to consider legislating against the freedom of Muslim women. We would like for them to assimilate yet we have made it near impossible for them to do so by treating them with hostility towards an item of clothing. In addition, a burqa ban would reinforce claims that the government has the right to regulate women’s dress, undermining campaigns for women’s rights in places like Iran and Saudi Arabia. It may be argued that western women adopt to culturally appropriate clothing if they were to live or visit a country where that is the practiced culture such as Afghanistan or Iran, then why is it not appropriate in Australia for people to conform to our culture which is to be open and it is respectful for one’s face to be visible. Along with the fact that it is not a core Australian value for the face to be visible at all times, it is also obvious that respect is a two way street. We should show our respect by protecting their right to make decisions and by encouraging assimilation. Whilst the idea of having women’s’ identity obscured is offensive to most Australians and is inconsistent with our norms is not the point. Nor does it matter what would happen to us in Muslim countries. To enforce a legislative restraint on a cultural and religious choice is inconsistent with the fundamental freedom of expression.

Women choose to wear a burqa, hijab or other forms of veils and by banning the burqa we are taking away their ability to make this decision. Having met these women who have chosen to wear the burqa, it is apparent to me that the only form of oppression they may experience is having their freedom to choose taken from them. Banning the burqa is a thoughtless regulation that takes away their freedoms by imposing the views of some on the whole community. These women, who have caused no harm to their communities, should not be forced to sacrifice their freedom. What they wish to do does not cause others harm nor does it restrict the freedom of others. Anonymity is not a crime. We live in an open democracy that values a woman’s right to dress as she pleases.

If we object to this, we are discouraging freedom of religion, which is hypocritical as other forms of religious symbols are openly accepted. What is considered acceptable dress in any society is very deeply culturally embedded, and is an expression of one’s identity. Nuns wore habits for many years and were admired for their commitment to their religion. So why don’t we do the same to women in other forms of religious dress. Irrational and baseless fear should not be the gateway for discrimination particularly against the innocent. I believe that this discrimination is the only means by which banning the burqa becomes an issue of oppression. As there is no credible reasoning supporting the argument, I see the issue as nothing but a poorly masked form of xenophobia.

I do agree with the argument that Muslim women should not be oppressed into making religious choices, however this is rarely the case in western countries, especially in Australia where Muslim women number only in tens of thousands, of which only a small proportion wear a burqa. In these circumstances, taking such extreme measures as considering banning the burqa is not only irrational, but it also suggests to the general public that the Muslim community is to be treated with hostility. To ostracise a minority within our country clearly opposes the belief that Australia is a hospitable and welcoming multicultural country. By considering banning the burqa, we are forcing Muslim women to go against their core beliefs and values. As a democratic nation we should not be forcing women into abandoning their right to make decisions. And so, whilst I do believe that no woman should be forced to wear the burqa, I also believe that every woman should be free to choose.