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Danielle Crittenden

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The Veil Has No Place in a Democratic Society

Posted: 12/12/11 03:17 PM ET

Immigration Minister Jason Kenney made the courageous announcement today that henceforth, new female Canadians will be forbidden to veil their faces when taking the oath of citizenship. His reasoning was two-fold: the first out of concerns over fraud; the second (and to my mind more important) out of respect for the democratic freedoms these women will now enjoy as Canadians.

As Kenney said:

"Starting today, any individual will have to show his or her face when taking the oath of citizenship. Recently I received complaints from members of the Parliament, citizenship judges and even participants in citizenship ceremonies to the effect that it is difficult to ensure that the individuals whose faces are covered are really taking the oath.... But this is not a simple or technical measure, far from it, this is really a matter of pure principle which is at the very heart of our identity and our values with respect to openness and equality.... The oath of citizenship is basically a public gesture, a public declaration that shows that you are joining the Canadian family and this has to be done freely and openly, not secretly. Isolating and separating a group of Canadians or allowing that group to hide their faces while they are becoming members of our community is completely counter to Canada's commitment to openness and social cohesion."

Four years ago, I wore a full Saudi burka for a week as I went about my daily life in Washington, D.C. (where I live). As a Western woman and journalist, I was curious about what this would be like -- not least because the sight of fully veiled women has become increasingly common in democratic societies.

I wore it grocery shopping and to spin class; I figured out how to drive in it. I wore it during rush hour on the Metro, and even through security at Reagan National Airport. I reported the results in a series for the Huffington Post called "Islamic Like Me." Interested readers can find it easily in my Huffpost archive here.

The upshot of this experiment confirmed what I'd suspected at the outset: Far from being merely a "cultural" or "religious garment" -- as benign, say, as a headscarf (hijab) or a yalmuke (both which do not constrain the wearer in any way, or cut him or her off from interacting with others), it proved to be a portable prison. As I wrote then, "Wearing the burka day in, day out reduced me to feeling like a 'social paraplegic,' in which I couldn't convey to others even a simple smile of thanks." So difficult and messy was it to eat in public, I simply gave up and waited until I got home. Indeed, I gradually realized that was the point of the burka: Going out in the world wrapped in head-to-toe sheets became such a hassle, it was better not to do so unless strictly necessary (i.e. Stay in the house).

Moreover, the Koran does not insist upon full cover-up for women. This is purely an interpretation by Islamic extremists; non-extreme North American and European Muslim leaders will tell you that if you wish to be observant, little more is required of a woman than modest clothes and a headscarf.

But whether or not veiling is a political or cultural statement, we in the West have to ask: Is this a statement that is tolerable in a free and equal society? Does our deference to minority cultures require us to acquiesce in the subjugation and intimidation of women?

That's what is so impressive about Kenney's stance. He is saying, unequivocally, "No." Accepting veiling implies acceptance of a larger ideology of female subordination. And that ideology too is one that is increasingly finding a receptive audience in our own society. In the free and equal societies of North America and Europe, we are hearing of more and more cases of forced marriage, confinement of women to their homes, honour killings and female genital mutilation.

Like most women, I am appalled by these trends. And now the Canadian Supreme Court will hear a case as to whether a woman may wear a niqab (face-covering) when she testifies in court. Huffpost contributor Mubin Shaikh asserts the woman should be able to do this, especially as the case in question concerns sexual abuse:

It just so happens I know this woman personally I will say nothing else because of the publication ban that prevents identifying her in any way. I can reiterate the allegations: that the woman alleges she was sexually assaulted when still very young. After years of torment, she finally decided to bring the matter before the courts.

It is a full and complete travesty that this case has been made out to be about the face covering and not about the sexual abuse this woman alleges she suffered. It is a travesty because this woman has come out against all odds, against the threat of being "shamed" by her community, against the monumental pressures of having to testify against these alleged attackers, and we have fixated on the dress of the woman making the complaint.

In this case I disagree with Mubin. The identities of sexual assault victims are legally protected, and they are habitually shielded during their testimony. That is not really the issue here. I would reply that if the woman insists upon wearing a niqab in a democratic court, maybe her case should instead be tried under Shariah law--in which case her testimony will only be given half the weight of a man's. And she'd run the risk of having the assault case thrown out altogether if it turns out her attackers are related to her, and thus have proprietary "ownership" of her (as in cases involving a husband and a wife).

Tolerance of other cultures and religions is one of the founding pillars of a democratic society. Certainly I found the tolerance with which I was greeted all week in my burka to some degree heartening: Whatever thoughts, opinions, surprise, fear, or anger my appearance provoked in others, was, with rare exception, suppressed; everywhere I went most people went out of their way to be polite -- when they weren't utterly indifferent to how I looked.

Yet tolerance in a free society should not extend to accepting (or ignoring) practices that violate our laws and our norms. Honour killings; female genital mutilation; female illiteracy; women forced to hide their faces in public; women forbidden to leave the house without the company of a man: these are phenomenon which we, in the West, imagine happen in other places, to women far away in the Middle East or living among distant Muslim tribes.

But we are out of touch with what is happening in democratic societies -- until it is shockingly brought to our attention, as in the horrific ongoing "honour killing" trial, in which a father is accused of murdering his three daughters and ex-wife.

The only societies in which women are forced to wear a burka are those with heinous records of female oppression. And it is only worn voluntarily by women who subscribe to an extreme, and highly controversial, interpretation of Islam -- one at war with a democratic understanding of human rights. There are many ways to observe hijab without turning yourself into a walking cocoon.

Bravo to Minister Kenney for recognizing that, and showing the right sort of "intolerance" towards anti-democratic, anti-women customs.


 
 
 

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HUFFPOST SUPER USER
alkh3myst
Of course you can pay me in gum!
12:22 AM on 01/03/2012
The Canadian Government can't even properly house it's Native population, yet it has time for this?
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HUFFPOST SUPER USER
alkh3myst
Of course you can pay me in gum!
12:20 AM on 01/03/2012
A question, Danielle Crittenden: How then is this hypothetical society "free and equal"? A non-Muslim woman can go out in public practically naked, but a Muslim woman's appearance is regulated by law. Equality? Freedom? I think not.
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09:18 PM on 12/14/2011
Although I agree with your views in general, I think you need to re-think your stance on headscarves as worn by Muslim women. In fact, these are not merely headscarves. The difference is the manner in which they are worn: Muslim women wear them to conceal themselves, not to protect themselves. This is the result of the idea that they are inherently corrupting. The "headscarf" serves as a constant reminder of this and any attempt by an individual woman to assert her identity is circumscribed by it.

Therefore, I wish you'd call them what they are: identity-concealing garments. There is really no need to distinguish between the various types of them either. They all serve the same purpose and are equally threatening to women's rights and freedoms.
04:51 PM on 12/13/2011
Danielle, I think that you are mostly wrong about this. A democracy does not have a right to tell its people what to wear, whether its a burka or a mini-skirt, so long as what they wear is not harming someone else. And your interpretation of what the burka means is an interesting comment on what it means to you, but it does not necessarily say anything about what it means to those who normally wear it.

But if we are going to start restricting freedom of religion, why don't we start closer to home? I propose that the government immediately require the Catholic Church to start ordaining women. I'm pretty sure the Church's attitude has done far more damage to the rights of Western women than any burka. That same prohibition can extend to all the various Christian and Jewish sects that similarly restrict women. And why don't we ban the practice of circumcision? I'm pretty sure that mutilating helpless infant boys is not a "Western value".

I'm confident that this ban will be overturned by the Supreme Court. It is a clear and unreasonable limitation on religious freedom.
07:37 AM on 12/14/2011
Asking someone to identify themselves while taking an oath, which implies the person taking responsibility for the oath taken, is "an UNREASONABLE limitation of religious freedom" ?
So can we say that religion exonerates one from every responsibility towards secular laws ? What century are you living in ?

If a Muslim woman demands and receives the same rights as a Muslim man in Canada, she is required to take the same oath, under the same conditions. Please explain what exactly religion has to do with that.
HUFFPOST SUPER USER
sgillhoolley
Occupy the discussion.
09:00 AM on 12/13/2011
You know what else has no place in a democratic society? Intolerance. No one should be forced to wear a habib, but to outlaw them is every bit as controlling. There is nothing inherently wrong with a habib (or a Guy Fawkes mask), and for a democratic society to outlaw such shows that we are not nearly as tolerant as we claim to be. In fact, I find that we Canadians are becoming more ignorant over time. We need to stop listening to the Americans.
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HUFFPOST SUPER USER
Stacy Ann Tucker
Liberal with a capital "L"
01:53 PM on 12/13/2011
Oh, and a "haboob" is a storm.
HUFFPOST SUPER USER
jackbutler5555
03:25 PM on 12/13/2011
Does the U.S. forbid the wearing of a veil in the citizenship swearing-in ceremony?
01:51 AM on 12/13/2011
"He is saying, unequivocally, 'No.' Accepting veiling implies acceptance of a larger ideology of female subordination." There are many good reasons to reject the "larger ideology of female subordination". I wish I could muster a little confidence that this was Mr. Kenney's (and the Harper Government's) primary motivation.
01:15 AM on 12/13/2011
The issue is not their believes but the fact that they are impose upon others, I live in an area that is very multicultural and when I moved here I really had no opinion of Muslims or their beliefs. I've met a lot of wonderful moderate Muslims who are delightful, but have also been very offended by more extre ones who have gone from commenting on my clothes to rudely asking me to get off the elevator that I have gotten on first with my 4 pound dog because "they don't like dogs" . Respect ,tolerance and equality for everyone is a two way street.
HUFFPOST SUPER USER
sgillhoolley
Occupy the discussion.
09:01 AM on 12/13/2011
That last one is easy...simply say "feel free to get off and wait for the next elevator, since I was on first."
01:10 PM on 12/13/2011
She actually had not even got in she was holding the door of the elevator, and what I told her was "could you let the elevator go and take the next one or take the stairs".
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HUFFPOST SUPER USER
Stacy Ann Tucker
Liberal with a capital "L"
01:57 PM on 12/13/2011
I, too, think they should exercise the option to wait for another elevator. Just for your info, the reason they don't like dogs is that according to Islamic rules, they have to cleanse themselves if they come into contact with a dog before the next prayer. Muslims very seldom own dogs for that reason.
03:09 PM on 12/13/2011
I know and respect that belief, just don't think others should go out of their way to accommodate it. In our society pets are part of the family and are treated as such.
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12:37 AM on 12/13/2011
This issue IS NOT the same as hoodies or anything else. Hiding behind a face veil is allegedly done for "modesty" reasons. The idea being, that men are incapable of controlling themselves sexually. Instead of joining with the rest of us Canadian feminists who have worked long and hard to change the conditions for women and to work with men, their emphasis is on changing the behaviour of the women! i.e. Cover them up!!
This, in 2011 is unbelievable.Those of us that have been activists in the women's movement for decades here in Canada and around the western world simply will not go back to those bad old days when we had fewer rights than men. And this drum beat of "support this or you are a bigot" is absolute b.s. I admire and appreciate many different cultural traditions. None of my appreciation has to do with this retrograde dehumanizing practice. Normalizing, or somehow painting those of us feminists and the majority of Canadians who oppose this misogynistic practice as bigoted simply cannot stand.
10:09 AM on 12/13/2011
I completely agree with your comments but unfortunately we cannot fight this battle for these women. They will have to stand up and fight it themselves. Legislation will not change minds and may prevent families from moving to Canada where the girls would have a chance at a better life. We must stand with our sisters and hold their hands while they learn that they too have power. They must learn to raise their boys to be mature and respectful and to understand that women are different but equal. They must do this by example......by behaving like equals and taking their place in the world. Nothing will change as long as they accept the role of victim that has been imposed on them.
12:33 AM on 12/13/2011
People who wish to do me harm wear cover their face. There should be no reason to cover the face except for inclement weather.
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Vapula
Failure is not an option
12:04 AM on 12/13/2011
Wearing what someone believes to be traditional dress is benign and not threatening. It serves no democratic purpose at all to insist that such clothing must never ever be worn in public. People should have the freedom to do as they please providing it does not interfere with others. Anything less than this is an infringement of the rights guaranteed in the Canadian constitution and is not saved by the needs of a free democratic society. If we insist people do as we say then we are being intolerant if doing what they want causes us no harm.
11:47 PM on 12/12/2011
To say to a woman "I know your motives for wearing this, and I won't allow it" is presumptive, arrogant, and fascist. You can interact with a woman and try to help her if she is oppressed, but to assign her your own motive and then to legislate against her freedom based on that motive is wrong. Similarily, we should ban hoodies because people commonly use them to hide their identities to commit crimes. In fact, they have been banned by some governments.
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Juanne Michaud
Proud Canadian, loony lefty
10:30 PM on 12/12/2011
My take on the veil and burqa is that it has very little do with modesty and everything to do with power. Power over women. As the author rightly noted, wearing this garment stops the wearer from doing a great deal, to the point where it becomes easier to just stay home. If it was just about modesty, then countries like Saudi Arabia would not have "religious police" roaming about, ready to pounce and physically punish women for such heinous crimes as showing a hand or ankle. Those are terror tactics, designed to keep women in their place.

From a theological point of view, I'm not Muslim (I'm not anything) but I really think that the Creator of the Universe has bigger fish to fry than worry if humans show a little skin. In fact, I personally find it a little offensive; it makes God into somewhat of a Peeping Tom. That's my take on it, anyhow.
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HUFFPOST SUPER USER
ljkcan
I don't let geographical borders limit my thinking
10:13 PM on 12/12/2011
It is a topic that those of us who are constantly being Canadian politically correct can agree with.
My late mother in-law went back to Egypt for a visit in 1995 and got hit over the head with a brick for not covering her head.

Is it too much for women who want to become Canadian uncover their face to swear an oath to Canada. During the trial over the honor killings in Kingston of four women I am sure I am not the only Canadian who wondered why come here if you hate our way's and forbid women to be Canadian. He was a so calle liberal man from Afghanistan.

I think everyone can agree that when one is swearing in taking an oath to Canada men are not ogling the women they are celebrating becoming citizens.
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ljkcan
I don't let geographical borders limit my thinking
10:45 PM on 12/12/2011
sorry so called.
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YankeeCanuck
dog
09:47 PM on 12/12/2011
Yes a burqa feels like a prison to us, who are completely unaccustomed to it. But it is a cruelty to a woman who is to testify about sexual abuse to force her to give up the attire she chooses.
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cdncommentator
10:45 PM on 12/12/2011
...and it is the right of the accused in a democratic society to be able to face his accuser. It's part of his fair trial rights.

If she wants her case to be prosecuted, the accused's rights will also have to be respected. I suppose she'll have a choice: proceed with an open face, or don't.
12:19 AM on 12/13/2011
The right of an accused to face his accuser is not part of our democratic society, exactly. It is not a Charter right in Canada. It has some basis in common law, in that the defense lawyer can see the witness, etc. It is NOT about an accused staring across at the victim in open court.
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YankeeCanuck
dog
02:36 AM on 12/13/2011
People in danger sometimes testify screened from the view of the accused. Eg. organised crime, gangs, sexual abuse.
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Tony frm Banff
Search for truth,not spin
08:48 PM on 12/12/2011
Yes, something that Danielle has written and that I totally agree with. It should be banned outright in Canada. It has nothing to do with religious freedom, but more to do with property. And a woman should never be property.
Like the immigration minister said " this is a matter of pure principal which is at the heart of our identity, and our values with regards to openness and equality" With emphasis on equality, in my mind.