It’s almost too easy. The division created by the debate surrounding the burqa was inevitable, even expected, because of the religious dimension it has been given and the misunderstandings that arise from it.
However, the debate sparked by the general ban on wearing the burqa goes far beyond merely reconciling the principle of secularism with the freedom to manifest and express religious beliefs.
The modern man is shocked by a garment that clashes with the foundations of his society, a liberal society built around the act of looking. The very first human connection is established through the gaze. Just like speech, the gaze is a means of communication that sometimes can reveal much more than some words.
You cannot have a dialogue with someone you cannot see. A woman you cannot see.
Guaranteed by the third paragraph of the Preamble to the Constitution of 1946, the principle of equality between men and women should not suffer any exceptions, and I will not hide my conviction about the importance of this law when wearing the burqa is imposed.
However, what about personal autonomy and the freedom to dress as one pleases?
When the choice of a woman to wear the burqa is free and informed, it is the pure and simple expression of her most basic freedom to dress as she wishes, and private life should, in principle, escape social intervention.
If the woman in a burqa is shocking, does the woman in a monokini not do the same? Why is it better to be exhibitionist than excessively modest?
In any event, the decision made last Thursday by the Constitutional Council validates the law prohibiting the concealment of the face in public spaces and closes this debate that has lasted too long.
The French will be able to refocus on the real scandals that threaten the Republic today.
Jules CONCAS
Trainee Lawyer
