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 EVREN KUCUKKAYA 2012 Business Ethics Seminar Professor Paul Leiman Ethical Analyses of France Full-Face Veil Ban [email protected] Tel: 0651318872 ISG-INTERNATONAL  MB A

Transcript of 117622718-Business-Ethics.docx

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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 

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  I certify that this Final Paper is my work alone and that I did not plagiarize

or unlawfully copy any of the Final Paper.

Evren KUCUKKAYA