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Exclude to integrate

I'm not a Muslim, but I could be. Recently, German's Chancellor Angela Merkel has announced that she is running for her fourth term. A few weeks later, she called for the burqa ban in Germany starting next August. This is the same Merkel who conceded asylum and opened her borders for more than 1 million refugees. Is this the same person? Even though her popularity had fallen because of the dissatisfaction towards her refugee crisis policies, Merkel was applauded yesterday after her speech in Essen.

Somehow, banning the burqa and creating tougher policies on immigration should make the newcomers integrate. However, according to the Oxford dictionary, to integrate means to "Combine (one thing) with another to form a whole". To integrate, you need two parts, two actors so that in the end, they will become a whole, a society. They will become one. I have once read an article about a proud Muslim woman who has been wearing the burqa since she was 13. In this article, she states that sometimes people look at her and say they feel sorry because she "has to wear the burqa".

Nevertheless, they (or we) often forget that there are women who wear the burqa according to their own free will. They do so because they see it as a part of their culture, or maybe to feel empowered, because of a status symbol or even to feel beautiful. It does not matter. Who are we to judge such decisions? Who are we to dictate what women can or cannot wear? Of course there are also cases of men that make their wives cover up completely. However, this is not the burqa's fault, nor the Niqab's, it is the men's.

Even though it is not specifically stated in the Quran the need for women to wear veils, some of them prefer to do so, and there is nothing wrong with that. By prohibiting women to wear burqas, European governments are going up not only against their own constitutions, but also against the European Convention of Human Rights' Articles 9 ( Freedom of conscience and religion) and 10 ( Freedom of Expression) In the specific case of Germany, banning the burqa would violate article 4 of the Constitution, which defends the freedom of Religion and conscience.

Moreover, article 4 GG is a part of the 20 fundamental rights, which cannot be violated according to Art 79GG because of the so called "Ewigkeitsgarantie". Article four defends the right to innerly believe (forum internum), the right to excert your religion to the outside world (forum externum) and the right not to have a religion. In this case, isn't the burqa a way to express your beliefs and to manifest your religion? The right not to believe and not to have a religion is also defended by the German constitution approved in May 1949. However, wearing the burqa does not violate thos basic right. Prohibiting it, on the other hand, violates the forum externum principle. To ban the burqa in places "where it is necessary for our society's coexistence" is arguable. When it comes to courtrooms, this decision might be justified because of the importance of the body language during trials. If a woman is completely covered, how will the jury, the attorneys or the judge be able to observe the person's reactions ?

When it comes to government offices, the secularity of the State may come as a valuable argument. Public officials are representatives of the State and, it could be expected for them to be able to separate their work from religion. Secularity is also a principle defended by the German constitution in articles 140 and 141GG. On the other hand, to ban the burqa in public demonstrations sounds hypocrite. Demonstrations are free and are an important component of a democratic State. They represent the freedom of expression. However, if the burqa gets banned, how worthy will the argument of the freedom of expression be? Isn't freedom of expression one of the most relevant characteristics of a democracy? How can we defend the principle of freedom of expression by prohibiting the burqa?

We judge the Taliban due to their mysogyn and sexist behaviours. We also criticise their gender segregation policies in Afghanistan and the prohibition of women to work and to be educated. Ironically, by taking away women's rights to wear the burqa in Europe, we are doing something similar. In addition to this, liberals think that, by banning the burqa, we are liberating women. In practice, we defend their rights by taking them away. How can we liberate women by forbidding them to dress the way they want? How can we promote freedom by curtailing someone's freedom? I'm not a Muslim, but I could be. I'm a woman. And even though I don't wear the burqa, I should have the right to do so wherever I want to.


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