- Position‹3 of 3
- Burkas should not be banned in the UK
- Argument‹6 of 6
Personal liberty should be prioritised over banning burkas
A burka ban would infringe Muslim women's rights to religious freedom and civil liberties.
The argument
The argument against a burka ban here is one about consistency rather than about the garment itself. Some Muslims interpret Islam's teachings as requiring them to wear a burka as an expression of their faith. Whether or not others share that interpretation, it is a religious conviction held in the same way as the convictions that lead anyone else to wear religious clothing, and the argument holds that it should be treated on the same terms. A person who believes their faith requires a particular form of dress should be free to follow it in the same way as anyone else who chooses religious attire. The legal footing for this is set out plainly. The United Kingdom does not have a written constitution that heralds individual liberty in the declaratory way the United States constitution does, so the protection does not take the form of a single foundational statement of rights. It comes instead from primary legislation, and the Human Rights Act in particular protects both freedom of speech and freedom of religion. Those protections operate no less effectively for arriving through statute rather than through a constitutional preamble. What that legislation covers is the point on which the argument turns. Under it, the wearing of religious attire is protected as a civil right — and the protection is not specific to one faith. It extends to crosses, to kippahs and to Islamic veils alike, which means a ban directed at the burka would single out one item from a class that the law protects as a whole. Banning it would therefore require treating one community's religious dress differently from every other's. Because personal liberty should be prioritised, and the law already recognises it here, burkas should not be banned in the UK.
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.
Premises
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.
Rejecting the premises
[Rejecting P2] A burka ban would not infringe that right because wearing a burka is not an essential facet of Islam.