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EVREN KUCUKKAYA
2012
Business Ethics Seminar
Professor Paul LeimanEthical Analyses of France Full-Face Veil Ban
[email protected] – Tel: 0651318872
I S G - I N T E R N A T O N A L M B A
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Summary
Ethics is one of the challenging concepts of present-day. Ethics is a concept that
we are using in every seconds of our life to decide between the right and the
wrong by depending on our past experiences, culture and religion we growth in and
conscience.
At its simplest, ethics is a system of moral principles. They affect how people
make decisions and lead their lives. Ethics is concerned with what is good for
individuals and society and is also described as moral philosophy. The term is
derived from the Greek word ethos which can mean custom, habit, character or
disposition.
Ethics covers the following dilemmas:
how to live a good life
our rights and responsibilities the language of right and wrong
Moral decisions - what is good and bad?
Our concepts of ethics have been derived from religions, philosophies and cultures.
They infuse debates on topics like abortion, human rights and professional conduct1.
Ethics of life is a guide in the all areas of the life. People are using codes of
ethics in business, community or political life alongside their daily life. People use
the codes of ethics in their daily life to decide between right or wrong or use to
solve the right vs. right dilemma about their own life or the situations about theirfamilies and their friends. Codes of ethics are using for the right vs. right, right
vs. wrong or wrong vs. wrong decisions which are affecting the life of community
or the future of a business and the stakeholders who are affecting because these
decisions.
Decisions about freedom (what is the limit of the freedom, where it starts and
ends?), and decisions about the human rights are the most challenging topics for
the ethics. Moral compass will help anyone when he/she decide on these kinds of
problems. Moral compass is anything or any value which serves to guide a
person's decisions based on morals or virtues2
.Limits of rights or freedoms will be a knife edge for anyone or any mechanism
which want to be a decision-maker for these limits. Especially, a person’s right to
be a part of a religion and limits of these demands always a real knife edge for
all governments.
Table of Contents
Summary ............................................................................................................ 1
1http://www.bbc.co.uk/ethics/introduction/intro_1.shtml retrieved at 26.06.2012
2http://dictionary.reference.com/browse/moral+compass retrieved at 26.06.2012
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I. Introduction .................................................................................................... 3
II. Stakeholders .................................................................................................. 4
A. French Government ......................................................................................... 5
1. Responsibilities: .............................................................................................. 5
2. Values: ........................................................................................................ 6
3. Rights: ......................................................................................................... 6
4. Freedoms: ..................................................................................................... 6
B. Muslim Communities in France .......................................................................... 7
1. Responsibilities: .............................................................................................. 7
2. Values: ........................................................................................................ 7
a) Five Basic Values for All Mankind: .................................................................... 8
b) Secondary Values: Conveniences: ...................................................................... 8
c) Luxury Values: Refinements: ............................................................................. 8
3. Rights: ......................................................................................................... 8
4. Freedoms: ..................................................................................................... 9
C. Muslim Women .............................................................................................. 9
1. Responsibilities: .............................................................................................. 9
2. Values: ........................................................................................................ 9
3. Rights: ......................................................................................................... 9
4. Freedoms: ..................................................................................................... 9
D. French Citizens ............................................................................................ 10
1. Responsibilities: ............................................................................................ 10
2. Values: ...................................................................................................... 10
3. Rights: ....................................................................................................... 10
4. Freedoms: .................................................................................................... 11
E. Non-governmental Organizations ........................................................................ 11 1. Responsibilities: ............................................................................................. 11
2. Values: ....................................................................................................... 11
3. Rights: ........................................................................................................ 11
4. Freedoms: ....................................................................................................12
III. Ethical Dilemma (Right vs. Right) ................................................................12
IV. Conclusion ................................................................................................12
References .........................................................................................................13
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I. Introduction
This essay generally examines various aspects of the Ethical Implications of
France’s Veil Ban.
In April 11th, 2011 France accepted a law that bans full face veils. France on
Monday formally banned the wearing of full veils in public places, becoming the
first country in Europe to impose restrictions on a form of attire that some Muslims
consider a religious obligation.The ban, which came after a year of debate and
months of preparation, is viewed by supporters as a necessary step to preserve
French culture and to fight what they see as separatist tendencies among Muslims.
But the ban set off protests in Paris and several other cities, and it has left many
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Muslims, including those in this heavily immigrant community near Lyon, worried
about their rights as French citizens3.
From the Associated Press report on “the world’s first country to ban the veils
anywhere in public:4”
“French President Nicolas Sarkozy set the wheels in motion for the ban nearly twoyears ago, saying the veils imprison women and contradict this secular nation’s
values of dignity and equality. The ban enjoyed wide public support when it was
approved by parliament last year.5”
These veils are the part of the cloths of Muslimwomen’s that named burqa or
nicab which are required by the radical followers of the laws of the sharia. Burqa
and Nicab are the clothes which are mostly in black and cover the full body of
the women. These kinds of clothes are mostly required by law in Egypt, Iran,
Saudi Arabia, Yemen, Afghanistan etc. Full body covering characteristics of this
clothing type, identifying the person inside that cloth is becoming impossible.Especially, after 09.11.2001 and the several bombing incidents in Europe which are
organized by the Islamic terrorist groups this characteristic of this clothing type was
became a security issue for most of the European countries (England and Spain).
Losing the ability of identifying of the identity persons who is wearing a full-face
veil can cause a security concerns for the French government. Beside of these
security concerns this type of clothing is seen as disrespecting of the French values
and separation of church and state. Covering face of a woman can be seen as a
destruction of her personality and an effort to eliminating the position in the
community. These efforts are opposite to the principle of equity of the law
constitution of France.
II. Stakeholders
To realize the ethical dilemma in this case, this study first needs to realize the
involved stakeholders because of the full-face veil ban. This study must explain the
values, rights, freedoms and responsibilities of these stakeholders to find the ethical
dilemma in this full-face veil ban case.
The stakeholders who are involvedthis full-face veil ban is;
A. French Government,B. Muslim Communities in France,C. Muslim Women,D. French Citizens,
3http://www.nytimes.com/2011/04/12/world/europe/12france.html retrieved on 26.06.2012
4http://www.washingtonpost.com/blogs/under-god/post/french-face-veil-ban-goes-into-effect-two-
arrested/2011/04/11/AFQuH7KD_blog.htmlretrieved on 26.06.20125http://www.washingtonpost.com/blogs/under-god/post/french-face-veil-ban-goes-into-effect-two-
arrested/2011/04/11/AFQuH7KD_blog.html retrieved on 26.06.2012
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E. Non-governmental Organizations.
A. French Government
1. Responsibilities:
French government is responsible to protect its citizens and implementation of
the laws that which are stated by the constitution of France as any other
countries. The current Constitution of France was adopted on 4 October 1958.
It is typically called the Constitution of the Fifth Republic, and replaced that of
the Fourth Republic dating from 19466.
Sovereignty is determined under four articles in the French constitution. These
articles are;
Article 1
France shall be an indivisible, secular, democratic and social Republic.
It shall ensure the equality of all citizens before the law, without
distinction of origin, race or religion. It shall respect all beliefs.
Article 2
The language of the Republic shall be French.
The national emblem shall be the blue, white and red tricolour flag.
The national anthem shall be La Marseillaise.
The motto of the Republic shall be « Liberty, Equality, and Fraternity
».
Its principle shall be: government of the people, by the people and for
the people.
Article 3
National sovereignty shall belong to the people, who shall exercise itthrough their representatives and by means of referendum.
No section of the people nor any individual may arrogate to itself, or
to himself, the exercise thereof.
Suffrage may be direct or indirect as provided by the Constitution. It
shall always be universal, equal and secret.
All French citizens of either sex who have reached their majority and
are in possession of their civil and political rights may vote as provided
by statute.
6http://en.wikipedia.org/wiki/Constitution_of_France#Impact_on_personal_freedoms retrieved on 26.06.2012
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Statutes shall promote equal access by women and men to elective
offices and positions.
Article 4
Political parties and groups shall contribute to the exercise of suffrage.
They shall be formed and carry on their activities freely. They must
respect the principles of national sovereignty and democracy.
They shall contribute to the implementation of the principle set out in
the last paragraph of article 3 as provided by statute7.
2. Values:
All of these four articles are about the respect of beliefs and equity of thepeople. But in article one and article two what must be the values against
the religious beliefs of French government is explaining clearly by;
France shall be an indivisible, secular, democratic and social Republic.
It shall ensure the equality of all citizens before the law, without
distinction of origin, race or religion. It shall respect all beliefs.
The motto of the Republic shall be « Liberty, Equality, and Fraternity
».
These two sentences clearly show us what must be the values and line of vision of the French governments against the religion beliefs of the people not
only its own citizens but universally.
3. Rights:
Still French government has a right to protect its citizen against the terrorism
and subjugation. Because of its principle of Equity the government cannot
allow the subjugation of women or destruction of their personality. Not only
French government, all governments on the world has a right to take anaction against the activities which are threatening its values and the rights of
its citizens.
4. Freedoms:
Because of the same reasons that mentioned below the topics of
responsibilities and rights, French government must be free to protect its
values and citizens. Main problem about this freedom of the government isthat,
what are the limits of freedom of taking actions of the French government.
7http://www.angelfire.com/mn2/reformclub/f/franceconst.html retrieved on 26.06.2012
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B. Muslim Communities in France
As of 2010, according to the French Government which does not have the right to
ask direct questions about religion and uses a criterion of people’s geographic origin
as a basis for calculation, there are 5 to 6 million Muslims in metropolitan France.
The government counted all those people in France who came here from countrieswith a dominant Muslim population, or whose parents did. Only 33% of those 5 to
6 million people (2 million) said they were practicing believers. That figure is the
same as that obtained by the INED/INSEE study in October 20108.
An Interior ministry source in l'Islamdans la République (Haut Conseil à l'intégration,
November 2000, p. 26) published the following estimated distribution of Muslims
by affiliated countries9:
Algeria 1,550,000
Morocco 1,000,000
Tunisia 350,000
Turkey 315,000
Sub-Saharan Africa 250,000
Middle East 100,000
remaining Asia (mostly Pakistan and Bangladesh) 100,000
Converts 40,000
illegal immigrants or awaiting regularisation 350,000
Other 100,000
Total 4,155,000
Table1. Muslim communities in France
1. Responsibilities:
Main responsibility of these communities is respecting the laws of France
where they are living. Another responsibility of these communities is preventing
the misunderstanding about the Islam in France. Unfortunately, Muslims word is
matching with the terrorist and ignorant. Changing these misunderstanding mustbe one of the most important responsibilities of the Muslim communities.
2. Values:
Among Muslims, 36% described themselves as "observant believers", and 20%
claimed to go regularly to the mosque for the Friday service. 70% said they
"observe Ramadan". This would amount to a number of roughly 1.5 million
8
http://plus.lefigaro.fr/note/how-does-france-count-its-muslim-population-20110407-435643 retrieved on27.06.20129http://en.wikipedia.org/wiki/Islam_in_France#cite_note-6 retrieved on 27.06.2012
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French Muslims who are "observant believers", another 1.5 million who identify
with Islam enough to observe Ramadan, and 1 million citizens of "(Islam
observing lineage) Muslim extraction" but with no strong religious or cultural
ties to Islam. The number of people of Islam observing lineage who are
practicing Roman Catholics is negligible10
.
The values of Islam are a complicated topic. Simply they are;
a) Five Basic Values for All Mankind:
Life: Respect on human soul and life is in high priority in Islam.
Attacking to innocent is an unforgiving sin.
Religion: Freedom to choose. No coercion in Islam
Intellect or Knowledge: Knowledge must be secured by society
Family Life and Offspring: Family is always respected in Islam. Wealth, is an fundamental human value
b) Secondary Values: Conveniences:
Conveniences comprise all activities and things that are not vital to
preserve the five foundations, but rather, are needed to remove
difficulties or impediments in life.Examples include the use and
enjoyment of things that man can do without, but with difficulty, such
as the use of some mode of transport (a car), a carpet in winter,
etc.
c) Luxury Values: Refinements:
This category includes items that are beyond those for convenience.
They do not only remove difficulty but improve the comfort. For
example, if a car is considered as an item of convenience, than a
chauffeur-driven car is obviously a refinement11.
3. Rights:
These communities have the rights of living in their religious beliefs freely.
They have rights to teach their children with their knowledge, pray in their
sacred places (mosque etc.), celebrating their religious days, or choosing
their clothes depends on their beliefs etc. short of the long, they have the
same rights that other communities have.
10http://en.wikipedia.org/wiki/Islam_in_France#cite_note-express-7 retrieved on 27.06.2012
11http://islam.uga.edu/norms_values.html retrieved on 27.06.2012
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4. Freedoms:
Freedoms of these communities are free to pray in the way of their religion,
getting educated on their religion, choosing their clothes, choosing to believe
what they want, and free to choose to not to believe. Still the problem is the
limitations of these freedoms.
C. Muslim Women
There are nearly 6 million Muslims are living in France. With a lucky guess there
must be nearly 3 million of Muslim women must live in France. But there is only
2000 women are wearing Nicab with full-face veil in France depending on the
numbers of The Interior Ministry12. This law can be an injustice for the rest of the
Muslim women who are still living in France by respecting the French laws. This
law can create a prejudice on the other Muslim women who are not wearing full-face veil. The full-face veil is the product of the radical Islam. Not all of the
Muslims are radical on their religion. This law can indicate all Muslim women as
radicals.
1. Responsibilities:
All women on the world have responsibilities against their families, not only
Muslim women. They have a responsibility to be a role model to their
children. They have responsibilities against France by respecting the laws
and rules of the community.
2. Values:
Values of the Muslim women are mostly same with the values of the Islam
that mentioned above.
3. Rights:
Muslim women have right to free to pray, free to choose their clothes, free
to have a business or work, free to travel safely by without the negative
impressions, etc.
4. Freedoms:
Muslim women have same freedoms with any other citizen of France. They
cannot hold outside the principle of the equity of French constitution. Still
the limit of this freedom is the main problem. Another problem about their
12http://www.nytimes.com/2011/04/12/world/europe/12france.html
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freedom is prejudice and treatment of the government and the citizens
which belongs other religions.
D. French Citizens
On January 1, 2011, 65,821,885 people lived in the French Republic13.Catholic
constitutes around 85% of the population and Muslims rank second with some 7%.
As for the rest of the population, they belong to Protestantism, Judaism and other
religions14. As seen above most of the French population is sharing the Christian
belief.
French culture is created by experiences of ages. French culture is depends on the
human rights and freedoms. France constitution is based on the liberty and human
rights15. France gained this culture by experiencing huge events which are changed
the history during the ages such as French revolution and World War II.
1. Responsibilities:
French citizens have responsibilities against their country, family and community.
Their responsibilities against the France are respecting the laws and electing the
governments which they believe to rule the country in peace and justice. Their
responsibilities against community are respecting the others freedoms and rights.
Their responsibilities against their family are giving their children the knowledge of
ethics and respect etc.
2. Values:
The French adhere to a strong and homogeneous set of values. They
cherish their culture, history, language and cuisine, which are considered an
art. The French have been and are today world leaders in fashion, food,
wine, art and architecture. They embrace novelty, new ideas and manners
with enthusiasm as long as they are elegant16.
Their values are depends on equity, freedom, individualism and hard-
working.
3. Rights:
French citizens have rights that are determined in constitution of France.
They have the right to demand safety and wealth from the government.
13http://www.insee.fr/fr/themes/document.asp?ref_id=ip1332#inter1 retrieved on 27.06.2012
14http://english.bayynat.org.lb/muslimcommunities/France.htmretrieved on 27.06.2012
15http://www.angelfire.com/mn2/reformclub/f/franceconst.html retrieved on 27.06.2012
16http://www.ediplomat.com/np/cultural_etiquette/ce_fr.htm retrieved on 27.06.2012
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4. Freedoms:
Freedom of French citizens is guaranteed by the constitution law of the
France. They have the same freedoms with the Muslims who lives in
France and more.
E. Non-governmental Organizations
There are several non-governmental organizations who are directly involved with the French
full-face veil ban. These organizations are mostly work on Human Rights. Beside of those
there are several Islamıc non-governmental organizations which are operating in France.
Such as; Islamic Human Rights Commission, Human Rights League, etc.
1. Responsibilities:
Non-governmental organizations have responsibilities against the community. They caninterpret this case in two different ways. They can interpret the full-face veil as a device
of the subjugation of women or they can interpret the law is a barrier against the freedom
of religion. They have responsibility to enlighten the community about the situation and take
actions against the contravention of human rights. But first of all they have to decide which
comment is the right one about the situation. Is full-face veil a device of the subjugation
or is the full-face ban law is a law against the freedoms.
2. Values:
Human rights are the first value for these kinds of non-governmentalorganizations.Human rights are described by United Nation as; “Human rights are
rights inherent to all human beings, whatever our nationality, place of residence,
sex, national or ethnic origin, colour, religion, language, or any other status. We
are all equally entitled to our human rights without discrimination. These rights are
all interrelated, interdependent and indivisible17.”
Human rights are described more detailed in the Universal Declaration of Human
Rights which is announced at December 10, 1948 by United Nations18.
3. Rights:
Non-governmental organizations have rights to creating lobbies against the violation
of human rights. These lobbies can be effective against the governments and will
be able to force them step back. These organizations can use these lobbies as
pressure groups against any corporation or government to force them step back and
change their decisions.
17
http://www.ohchr.org/en/issues/Pages/WhatareHumanRights.aspx retrieved on 27.06.201218http://www.humanrights.com/what-are-human-rights/universal-declaration-of-human-rights.html retrieved
on 27.06.2012
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4. Freedoms:
Non-governmental organizations free to create lobbies against the violations of the
human rights. These organizations can organize protests or creating pressure on the
sides by using their lobbies. They can organize interviews on television or in social
media to inform the people about any situation. Social media is one of the mostpowerful weapons of the non-governmental organizations in present day.
III. Ethical Dilemma (Right vs. Right)
The specific questionsin here are: Is French government has a right to limit the
freedom of its citizens? Is this law against the characteristic of the secularism?
This case is including a right vs. right ethical dilemma. Preventing the subjugation
of the women is an important topic for any government. Unfortunately in most
countries which are ruling by the Islamic laws which is named Sharia women hasvery limited rights. This situation can drive any government to take an action
against the radical Islam and Islamic laws. In the other hand security problems
after 9/11 especially against the Islamic terrorism are creating the prejudice against
the Muslim communities around the world. That date was become a defining point
for most of the western countries.Prejudices can cause violence against the people
in time. Most clear example for that is the holocaust which is happened during the
World War II.
Today the full-face veil ban law totally forgotten. Today nobody is remembering that
law and in practice the law is no longer implemented. The law took its place onthe dusty shelves of history will not be a wrong sentence about it.
IV. Conclusion
First of all one thing must be clarified about this law. Is it really a law against the
subjugation or it is only an outcome of the prejudice against the Muslim
communities? If it is only aiming to prevent the subjugation than it is the wrong
move for a right purpose. But if it is an outcome of the prejudice against the
Muslim community than it is totally against the all ideals of the constitution.
Women subjugation is an important topic that must be prevent by taking
precautions. But it is not right by doing that offending a specific community. Are
the laws the best way to prevent the subjugation or not? Best ways of preventing
the subjugation are education and development. Most of the Muslim countries are
unfortunately Third World countries that without any real education. Women are only
raised for being wife and serving men. If the governments of western countries,
such as France, do not want to see the women who live by the same way in
their countries, their first priority must be the education.
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Educated women can play any role in community that play by the men.
References
http://www.bbc.co.uk/ethics/introduction/intro_1.shtml
http://dictionary.reference.com/browse/moral+compass
http://www.nytimes.com/2011/04/12/world/europe/12france.html
http://www.washingtonpost.com/blogs/under-god/post/french-face-veil-ban-goes-
into-effect-two-arrested/2011/04/11/AFQuH7KD_blog.html http://en.wikipedia.org/wiki/Constitution_of_France#Impact_on_personal_freedoms
http://www.angelfire.com/mn2/reformclub/f/franceconst.html
http://plus.lefigaro.fr/note/how-does-france-count-its-muslim-population-20110407-
435643
http://en.wikipedia.org/wiki/Islam_in_France#cite_note-6
http://en.wikipedia.org/wiki/Islam_in_France#cite_note-express-7
http://islam.uga.edu/norms_values.html
http://www.nytimes.com/2011/04/12/world/europe/12france.html
http://www.insee.fr/fr/themes/document.asp?ref_id=ip1332#inter1 http://english.bayynat.org.lb/muslimcommunities/France.htm
http://www.ediplomat.com/np/cultural_etiquette/ce_fr.htm
http://www.ohchr.org/en/issues/Pages/WhatareHumanRights.aspx
http://www.humanrights.com/what-are-human-rights/universal-declaration-of-human-
rights.html