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Committee Opinion | Doc. 12304 | 22 June 2010
Islam, Islamism and Islamophobia in Europe
(Former) Committee on Equal Opportunities for Women and Men
A. Conclusions of the committee
(open)The committee congratulates the Committee on Culture, Science and Education on its exhaustive report, and supports the draft resolution and draft recommendation presented therein. However, the committee wishes to propose amendments to the draft resolution and recommendation, focusing on the aspects of more specific relevance to women in the debate on Islam, Islamism and Islamophobia.
B. Explanatory memorandum by Ms Memecan, rapporteur
(open)1. The Committee on Equal Opportunities for Women and
Men was instructed by the Bureau to prepare an opinion on the report
on Islam, Islamism and Islamophobia, and appointed me rapporteur
on 30 November 2009. It is not the first time that the Parliamentary
Assembly, and the Committee on Equal Opportunities for Women and
Men in particular, has dealt with the gender-specific aspects of
Islam. This question has been addressed, for instance, in the PACE
reports on “Integration of immigrant women in Europe”, 
“Respect
for the principle of gender equality in civil law”, “Action
to combat gender-based human rights violations, including the abduction
of women and girls”, “Urgent
need to combat so-called ‘honour crimes’” and
“Migrant women: at particular risk from domestic violence”.
“Respect
for the principle of gender equality in civil law”, “Action
to combat gender-based human rights violations, including the abduction
of women and girls”, “Urgent
need to combat so-called ‘honour crimes’” and
“Migrant women: at particular risk from domestic violence”. 2. In this context, the Assembly on several occasions has stressed
that when it comes to protecting women’s fundamental rights, no
cultural or religious practice may be invoked to justify these practices.
As Mr Jensen recalls, the Assembly has also devoted a report to
the theme of “Women and religion in Europe”, inviting member states
to:
“7.6. take a stand against any religious doctrine which is anti-democratic or disrespectful of human rights, especially women’s rights, and refuse to allow such doctrines to influence political decision making;
7.7. actively promote respect for women’s rights, equality and dignity in all areas of life when engaging in dialogue with representatives of different religions, and work on achieving full gender equality in society.”
3. Moreover, the Assembly has advocated the empowerment of women,
in the context of interfaith and intercultural dialogue too, urging
Council of Europe action by:
“5.1. bringing together all the stakeholders in the promotion of women’s rights and in the active contribution of women to intercultural and inter-religious dialogue in Europe (representatives of governments, parliaments, local and regional authorities and civil society, as well as religious leaders);
5.2. making a review of possible measures (best practice and new suggestions) aimed at empowering women in modern societies, including in intercultural and inter-religious dialogue;”.
4. I am personally convinced that cultural diversity is a boon
to Europe and a factor of economic and productive growth. Today
alas, many Muslims feel alienated, discriminated against and stigmatised
in Europe. My own opinion is that the key to the issues raised in
Mr Jensen’s report lies in upholding the essential values on which
the Council of Europe is founded, namely rule of law, democracy
and human rights, in which I include gender equality and freedom
of expression.
5. In secular democracies, states should have no power over the
interpretation of any religion and should not impose a particular
interpretation on communities of believers. As the authority of
interpreting Muslim texts and traditions lies with the learned experts
among the Muslim community, the Assembly should call on Muslims to
interpret their religion in such a way as to promote and protect
the rights of Muslim women. Teachings of Islam and its practices
as demonstrated by the Prophet of Islam recognise fundamental human
rights. Muslim communities should be encouraged to establish values
compatible with human dignity and democratic standards in Europe.
1. Women as victims of Islamophobia
6. There is a great deal of diversity among Muslims.
There are various schools of thought, and values, beliefs and practices
did not develop in a fixed and single direction. Taking into account
the culture and traditions of Muslim communities, as well as the
understanding Muslims have of Islam and the emphasis placed on religious
practices, there exists a plurality which is a celebrated principle
in democratic societies. Veiling styles of Muslim women are an expression
of interaction between religion, culture and tradition. Since the beginning
of Islam, a majority of Muslim women believed that veiling was a
requirement of their belief. However, the style and manner of veiling
is shaped by culture, tradition and geographical conditions. Various styles
such as the headscarf, burqa or niqab should be seen as offering
diversity and plurality within Islam itself and Muslim women should
be encouraged to make their own choice: either to wear the style
they prefer or not to wear any at all. States should not impose
a dress code on their citizens and others living in their country.
7. The Assembly has already established that immigrant women
including Muslim women are victims of multiple discrimination, because
they are women, foreign or of foreign extraction, and because they
may undergo discrimination of various kinds in their community (limiting
their scope for integration and their participation in public life)
and even violence (such as the so-called “honour crimes” or female
genital mutilations, including those inflicted abroad upon victims
normally residing in Europe, who are in no way subject to Muslim
religious precepts).
8. Muslim women who choose to cover themselves experience further
humiliation and psychological disturbances by being made the subject
of political discussion in which their choice of outfits are looked
down upon. They become victims of prejudices that arise from unfamiliarity.
Intimidated by the unwanted spotlight put on them, these women tend
to exclude themselves from social activities, and refrain from participating
in their communities. These negative stereotypes also hinder veiled
women’s productivity in the work place and adversely affects their
performance, limiting their professional careers. Therefore, it
is not the outfit that actually impedes women’s professional lives
or social inclusion but it is the “misperception” of the outfits.
9. Furthermore, as Mr Jensen points out, “also women, who clearly
demonstrate their affiliation to Islam by wearing headscarves, are
particularly confronted with Islamophobia” (Doc. 12266, paragraph 42). In France, the Collectif contre l’Islamophobie
en France has drawn attention to several Islamophobic assaults on
veiled women, most recently “a 29-year old Muslim woman was attacked
in the open street in Basel (Switzerland) by an unidentified woman
with blows to the back of the neck and insulting remarks about her
dress. The victim was wearing black and an Islamic veil”. But
there are still more tragic occurrences: in July 2009 in Dresden (Germany),
Marwa el-Sherbini, an Egyptian (pregnant at the material time),
wearing a veil, was verbally attacked in a kindergarten by an unemployed
man from Russia, called a “terrorist” and “Islamist slut”, then,
at the hearing to appeal the culprit’s conviction, was stabbed 18
times in the sight of her three-year-old son, a crime that received little media
exposure.
But
there are still more tragic occurrences: in July 2009 in Dresden (Germany),
Marwa el-Sherbini, an Egyptian (pregnant at the material time),
wearing a veil, was verbally attacked in a kindergarten by an unemployed
man from Russia, called a “terrorist” and “Islamist slut”, then,
at the hearing to appeal the culprit’s conviction, was stabbed 18
times in the sight of her three-year-old son, a crime that received little media
exposure. 2. The debate on the burqa/niqab in Europe: respecting women’s informed choice
10. Wearing of the burqa has recently prompted much debate
in Europe. The Bureau of the Assembly having asked the Committee
on Culture, Science and Education to bear in mind the motion for
a resolution entitled “Burqa – Is action needed?” (Doc. 12159) tabled by my colleague Krista Kiuru (Finland, SOC)
and others, I proposed that an exchange of views be held at the
committee’s meeting in Paris on 27 May 2010.
11. Let it firstly be explained that the burqa is the traditional
dress of the Pashtu tribes in Afghanistan. It completely covers
the body and face, leaving only a woven lattice at eye level; a
niqab is a cloth with veils added to cover the hair and face, where
only a slit for the eyes remains; a hijab conceals the hair, ears
and neck, revealing only the oval of the face; a chador is a large
square of fabric placed on the head, showing the oval of the face,
and kept closed by the wearer’s hands. How many women wear burqas in Europe
is unknown. This
clothing is worn voluntarily by women – particularly women freshly
converted to Islam – or in some cases under pressure or coercion
from members of their family or community.
How many women wear burqas in Europe
is unknown. This
clothing is worn voluntarily by women – particularly women freshly
converted to Islam – or in some cases under pressure or coercion
from members of their family or community.12. I am aware that full veiling (by burqa or niqab) in Europe
is not at all a matter of indifference. Is it a symbol of oppression
of women? Of outrage to women’s dignity? Does it express their freedom
of religion or conviction? Is it the outward sign of identity assertion
– or of community isolationism? The exchange of views held by the
committee confirmed that there were differing viewpoints on the
issue. At this juncture, before giving my opinion, I should like
to state the main arguments put forward in the exchange of views
held by the committee:
- Some perceive wearing the veil or the full veil is a matter of exercising freedom of religion and expression. Prohibition of either would constitute a restriction of this freedom. All women, whether or not they wear a veil, are nevertheless entitled to protection of their fundamental rights and must be able to participate in economic and social life without, for example, being barred from universities. This position was defended by Ms Akbulut, a sociologist, who considered a veiled woman doubly discriminated against for her gender and for wearing the veil.
- Others perceive wearing the full veil is a breach of the most elementary values on which the French Republican and other systems are founded, the first of these being human dignity, unacceptably infringes the principle of gender equality, and forfeits progress. The full veil represents “the most blatant and repugnant aspect of a campaign to impose the Sharia laws in our societies and in the public sphere”, to echo the words of French MP André Gerin,
- A midway position was presented by Dr Jill Marshall, senior lecturer at Queen Mary, University of London (United Kingdom), who considers gender equality not incompatible with respect for women’s freedom of choice. In fact (adult) women’s freedom to choose their mode of living or dressing must be respected, while ensuring that these choices can be made in an environment honouring the principle of gender equality, and that women have the ability to make independent choices including for example their access to material and economic resources (such as money and proper housing), suitable education and employment policies, equal access and fair treatment by the legal and political systems.
13. The exchange of views held in committee put forward other
perspectives and national experiences. For instance, Mr Wille (Belgium,
ALDE) presented the latest legislative developments in Belgium. Mr Olsson (Sweden,
EPP/CD) gave an overview of the situation in Sweden, where there
is no legislation against wearing the full veil. At the same time
he wondered whether in a multicultural Europe a woman wearing the
full veil was free to do so.
Mr Olsson (Sweden,
EPP/CD) gave an overview of the situation in Sweden, where there
is no legislation against wearing the full veil. At the same time
he wondered whether in a multicultural Europe a woman wearing the
full veil was free to do so.14. The exchange of views held, and the ensuing discussion in
committee, showed that the concerns inspired by full body veiling
were often shared, but that the conclusions about the remedial methods
to be applied were contradictory. I myself support the position
of the Commissioner for Human Rights, Mr Thomas Hammarberg, who
considers that to prohibit the burqa would merely aggravate the
exclusion of the women concerned, and that of Dr Jill Marshall emphasising
the need to provide the conditions that will enable women to take
an informed decision whether or not to wear the veil or the full
veil, and, that being so, to respect their choice on the grounds
of freedom of expression. Indeed, I consider that women are respected
by respecting their informed choices. It is unacceptable that male
politicians in Iran should impose the wearing of religious apparel
on women, just as it would seem unacceptable to me that the men
sitting in Europe’s parliaments should forbid them to wear it.
and that of Dr Jill Marshall emphasising
the need to provide the conditions that will enable women to take
an informed decision whether or not to wear the veil or the full
veil, and, that being so, to respect their choice on the grounds
of freedom of expression. Indeed, I consider that women are respected
by respecting their informed choices. It is unacceptable that male
politicians in Iran should impose the wearing of religious apparel
on women, just as it would seem unacceptable to me that the men
sitting in Europe’s parliaments should forbid them to wear it.15. I would like to add that by punishing women for their outfits
through bans, penalties, scornful statements, we are not serving
the liberation of women whom we assume are coerced by men. We are
adding to the fact that they are subject to coercion, and further
confining them into their own closed circles, alienating them from the
larger society. Facilitating their involvement by accommodating
their needs and respecting their choices will provide them opportunities
to integrate in the larger society.
16. I would emphasise the issues of boys’ and girls’ education,
by specifically suggesting the promotion of education in human rights
taking into account the principle of equality between women and
men at all levels of the education system. It
is indeed essential to alter the still very widespread stereotypes
in today’s society impeding the personal development of girls and
jeopardising their success in life.
It
is indeed essential to alter the still very widespread stereotypes
in today’s society impeding the personal development of girls and
jeopardising their success in life.17. I should point out here that I object to any form of oppression
or violence, and condemn the wearing of a veil, what is more a full
body veil, if imposed on women by a member of their family or community.
I hold that acts involving coercion, oppression and sequestration
are inadmissible and must be punished by law. Where this case arises,
it rests with the member states to afford these women victims all
due protection irrespective of their origin, religion or status.
This aspect must be covered in the states’ criminal law and in the
future Council of Europe convention on combating and preventing
violence against women and domestic violence (CAHVIO), in accordance
with the position adopted by the Committee on Equal Opportunities
for Women and Men on 30 November 2009 and 27 January 2010.
18. In conclusion, I quite agree with the Committee on Culture,
Science and Education that a general ban on wearing the full veil
would not help improve the lot of the women who wear it either willingly
or coercively. The problem nevertheless remains complex and worthy
of further investigation. I would accordingly suggest launching
a motion for a resolution on “Women in Islam in Europe”, making
for a detailed approach to the place of Muslim women in Europe,
their opportunities, the challenges before them, the forms of discrimination
which they undergo, and the stance to be taken by the member states
on the issue of prohibiting the veil and the full veil. This work
should, I hope, provide encouragement for states to end the debates
targeting the burqa which aggravate the inter-community tensions
and are no help to the promotion of Muslim women’s status and place in
Europe.
C. Proposed amendments to the draft resolution and the draft recommendation
(open)Amendment A (to the draft resolution)
In the final sentence of paragraph 11, replace “even when based on anachronistic religious traditions,” with “whether based on religious traditions or not,”.
Amendment B (to the draft resolution)
At the end of paragraph 11, add:
“No religious or cultural relativism may be invoked to justify violations of personal integrity. The Assembly therefore urges member states to take all necessary measures to stamp out radical Islamism and Islamophobia, of which women are the prime victims.”
Amendment C (to the draft resolution)
In paragraph 12, replace the last sentence with:
“No woman should be compelled to wear religious apparel by her community or family. Any act of oppression, sequestration or violence constitutes a crime that must be punished by law. Women victims of these crimes must be protected by member states whatever their status, and benefit from support and rehabilitation measures.”
Amendment D (to the draft resolution)
In the draft resolution, add the following sentence at the end of paragraph 14:
“It is especially necessary to remove all forms of discrimination against girls and to develop education on gender equality, without stereotypes and at all levels of the education system.”
Amendment E (to the draft resolution)
In paragraph 15, replace “genital mutilation” with “female genital mutilation”.
Amendment F (to the draft resolution)
In paragraph 15, replace “and especially children” with “and especially girls”.
Amendment G (to the draft resolution)
After paragraph 15, add a new paragraph worded as follows:
“The Assembly accordingly urges member states to take every step to prevent and combat all forms of oppression or violence undergone by women, and in particular, as part of the negotiations for the future Council of Europe convention on preventing and combating violence against women and domestic violence (CAHVIO), to support the provisions enabling women irrespective of their origin or status to have access to protection, prevention and rehabilitation facilities.”
Amendment H (to the draft recommendation)
At the end of sub-paragraph 3.5, add:
“and reinforce especially the programmes dealing with gender equality, in particular the combating of all forms of violence against women and the promotion of women’s participation in public decision-making.”
Amendment I (to the draft recommendation)
After sub-paragraph 3.13, add a new sub-paragraph worded as follows:
“invite states to guarantee women’s freedom of expression by penalising, on the one hand, all forms of coercion, oppression or violence that compel women to wear the veil or the full veil, and by creating, on the other hand, social and economic conditions enabling women to make informed choices though the promotion of genuine policies on equal opportunities for women and men which embody access to education, training, employment and housing.”