Islamic Headscarves in different institutional settings: does context matter

1
Islamic Headscarves in different institutional
settings does context matter?
2
What makes the Islamic headscarf so controversial

• Neutrality
• Gender equality
• Democracy
• gt Citizenship and religious diversity
• gt The limits of toleration

3
Different institutional context

• Does it matter in which institutional setting a
  woman wants to wear a headscarf?
• In France no. In Nl yes. In Austria conflicts
  about teachers only, or also other cases?

4
Structure of the lecture

• A deductive or a contextual approach to
  toleration?
• What is toleration?
• What is a deductive approach
• What is a contextual approach
• Application to 2 cases the classroom and the
  police
• Conclusion how does institutional context count
  in each of the approaches and which is the better
  one?

5
Toleration

• Pragmatic compromise?
• Moral indifference?
• Respect?

6
Toleration

• we find other peoples beliefs or ways of life
  deeply unacceptable, yet feel that for good moral
  grounds we should put up with them

7
Why tolerate what we find morally wrong?

• beliefs are internal attitudes and must be
  acquired in freedom, coercion cannot lead to
  sincere convictions
• Everyone can best determine for him/herself what
  is in his/her best interest. If we recognize that
  all people are equally capable of autonomy, we
  must respect their choices and tolerate their
  beliefs
• gtRespect for other peoples personal autonomy,
  not respect for the content of their beliefs.

8
Pluralist impartial state

• all citizen have an equal right to form and
  express their personal beliefs
• The state refuses to impose a particular belief
  on its citizens
• Is there room in a liberal state for illiberal
  views and lifestyles?

9
The headscarf neutrality

• Headscarf worn by public officers
• State aims to protect right citizens to live
  according to own beliefs gt state neutrality
  pre-condition moral diversity gt state may not
  associate with a particular belief gt ban on
  headscarf for public officer
• Banning headscarves is suppressing diversity
• Suppressing diversity for the sake of tolerance?

10
Deductive approach

• Reasoning back to principles is a practice
  yes/no consonant with liberal principles?
• Abstract from particularities
• Order of importance in balancing of arguments
  principles are paramount, strategic or pragmatic
  arguments are of lesser importance, or no
  importance at all.
• (Macedo example)

11
Contextual approach

• liberal principles are generic principles to
  make sense of them we need to see them applied
• Liberal principles are too indeterminate to lead
  to judgments in specific cases
• Justice as evenhandedness fair balancing of
  competing claims gt take into account context
  history, numbers, importance claim to claimant
• Claims better able to resolve multicultural
  conflict and promote peace.

12
The case teacher with the headscarf in the
public school

• Conflict primary school in Haarlem 1997-1999
  trainee vs. schooldirector
• Educational neutrality
• Former conflicts at school over the issue
  (parents staff of Turkish background contra)
• Compromise while at school, pupils no headscarf
• Then trainee with headscarf
• Compromise wear it, except for in the privacy of
  your classroom. Trainee no.

13
Deductive approach opposing principles

• Pro
• Religious freedom
• Non-discrimination in employment
• Autonomy

• Contra
• Educational neutrality
• Sexual equality

14
Balancing the principles

• Neutrality vs. reli freedom and
  non-discrimination principle
• Discriminate not between religions, but between
  religion and secular convictions
• If headscarf conflicts with neutrality exemption
  warranted? Reli obligation or self-chosen
  obligation?
• Gender equality vs. autonomy

15
A contextual argument

• What does neutrality mean in the context of
  education?
• What is it meant to achieve?
• What consequences follow from this?
• Educational neutrality according to Dutch law
• The public school is open to all (no religions
  excluded)
• Publics schools are to promote in pupils an
  attitude of respect for each others worldviews.

16

• Can you teach mutual respect while wearing a
  headscarf? Requires open attitude to all moral
  values.
• Commission on Equal Treatment the fact that the
  claimant (the trainee) professes a religion and
  expresses this through the wearing of a headscarf
  does not preclude that she does not possess this
  open attitude and is capable of teaching in
  accordance with the character of the school as a
  public educational institution. (Judgement
  99-18, 4).

17
Contextual argument on sexual equality vs reli
freedom

• Can a teacher wearing a headscarf assuming it
  is a symbol of womens inequality within Islam
  communicate to pupils the public value of sexual
  equality?

18
The context of the conflict

• The affair around the trainees headscarf was set
  within wider conflict between various factions in
  the local Turkish community
• Normal functioning school was threatened
• Peace required a compromise even if this would
  infringe on fundamental principles wear the
  headscarf at school, but not in the classroom.
  Would restrict reli freedom.
• gt A solution, but also a moral cost to it
  justice or pragmatism?

19
Headscarves in the police force

• 2000 proposal headscarf for all police officers
  except Mobile Force
• Motives
• Lack of personnel
• Under representation of minorities
• This would promote effective policing for
• Would improve relationships with minorities
• Would help fighting ethnic crime

20

• Storm of protest neutrality! Impartiality!
• Plans quietly put into a drawer no headscarves
  in police blue.

21
Deductive arguments

• The compelling interest of a neutral police
  justifies restriction of religious freedom
• religious freedom is a fundamental,
  constitutional principle that cannot easily be
  overridden
• the principle of non-discrimination demands that
  neutrally intended policies do not
  disproportionally disadvantage ethnic minority
  groups
• Equal representation promotes impartiality and
  greater trust, because prevents identification of
  one particular group with state power

22
Contextual arguments

• Why do the police wear a uniform?
• Identical or sufficiently similar?
• The impartiality-and-trust-through-diversity
  argument which differences and what does the
  public think?
• Contextualists conclusion depending on numbers
  no headscarves in the police force.

23
Conclusion

• Neutrality in context of education means quite
  different thing then in police-force
• The distinction between deductive and contextual
  moral reasoning is overdrawn
• A contextual approach is better able to promote
  peace, but at a cost we mix up the normatively
  right with the institutionally feasible
  (Benhabib).