A Wider Lens: France's legal discrimination


By Aaron Okin
Arizona Daily Wildcat
Wednesday, February 18, 2004

Article 18 of the Universal Declaration of Human Rights declares, "Everyone has the right to freedom of thought, conscience and religion · to manifest his religion or belief in teaching, practice, worship and observance."

French lawmakers ÷ officials serving a state that agreed to the above as a member of the United Nations ÷ seem to think that doesn't apply to certain members of their electorate.

Last week, the lower house of the French Parliament passed a measure, by a scarily overwhelming margin, to allow a ban on the wearing of objects that "ostensibly display identification with a religion," such as large crucifixes, Jewish skullcaps, Sikh turbans, Muslim headscarves and even certain beards, in public schools.

While the government tries to play the act up as something positive rather than negative ÷ a defense of the "secular" constitution of France and a means of warding off racism and anti-Semitism, not an extreme measure to curb a potential wave of Islamic fundamentalism ÷ the holes, and questions, are significant.

The French Republic is based on three principles: liberty, equality and fraternity. It is reasonable to expect that the actions of a government should be consistent with its core values, and this law should be no different.

Is this liberty? The French government claims its secularism takes the form of the state not encouraging or endorsing adherence to a particular religious denomination, an idea quite similar to that of the United States and the policies of the progressive, developed states of the world. Even developed countries that do endorse a religion don't require individuals to affiliate with that religion, and ensure that their right to religious observance is protected.

But not in France. In effect, the full passage of this law in March would put the government in the position of coercing religious practice on its citizens, albeit in an unconventional sense. Legislating that people cannot cover their heads, as their religious law prescribes, is tantamount to saying that everyone in the nation must wear a head covering.

Perhaps liberty means something different in France from what it does elsewhere.

As far as equality goes, it's striking to note what lengths the French government will go to appease the 5,000- to 6,000-strong Sikh population of the country in the face of the millions of Muslims, Christians and Jews who are to be affected. Apparently, the government didn't take into account that Sikh students would be precluded from wearing their turbans, which drew much protest and even became a focus of talks between the French foreign minister and officials in India. He assured those concerned that a solution would be found, within the confines of the law (how that will work will be interesting to see).

If a fair, inclusive solution is not found, many French Sikhs have claimed they will remove their children from state schools. Inequality will thus be bred by the government, as its citizens elect to maintain their cultural customs instead of a state education. While access to education may on paper be equal, it isn't so in practice, and people should not be forced by their government to choose between two rights. In France, you can't be both religious and a citizen with all your rights.

Finally we come to fraternity, an idea that is not reflected in the adoption of this law, which clearly benefits a number of people in the country who have it in for the country's religious minority. There are 6 million Muslims in France who are loathed by a large percentage of the population. When their devout are alienated by the state because they are poor, religious and want to wear headscarf, the likelihood is that they will be relegated to worse schools. These schools are not going to be the most effective at instilling this core ideal into the minds of future voting citizens.

It's unlikely that this law will affect many American students' desires to take time to study in France, but before deciding, one should think for a moment about what the UA would be like if individuals weren't allowed free expression. If you aren't appalled by the image, then a French public university is exactly where you belong next fall.

Aaron Okin is a regional development and political science junior. He can be contacted at letters@wildcat.arizona.edu.