TOK Presentation - RELIGIOUS SYMBOL BAN

Article 18 of the Civil and Political Covenant (United Nations) - Part 1 and 2

Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

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No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

2

In relations to deontological ethics,

"The court (EU) acknowledged that restrictions on headscarves in the workplace could constitute indirect discrimination."

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Restrictions on Muslim Women's Dress in the 28 EU Member States (European Court of Human Rights, 2019)

This indirect discrimination depends on the laws established in the religion or cultural belief itself.

In relations to religious knowledge systems,

"O Prophet, tell your wives and your daughters and the women of the believers to draw their cloaks (veils) to cover all over their bodies. That is more suitable that they will be known and not be abused. And ever is Allah Forgiving and Merciful."

- The Koran (Al-Ahzab (33), verse 59)

Justification of the legal ban

"The ECtHR has upheld the bans, failing to find violations of article 9 (religious freedom), article 8 (right to respect for private and family life), or article 14 (prohibition of discrimination) of the European Convention on Human Rights."

Restrictions on Muslim Women's Dress

in the 28 EU Member States (2019)

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Article 18 of the Civil and Political Covenant (UN) - Part 3

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"Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others."

Neutrality as a justification.

"The court (EU) acknowledged that restrictions on headscarves in the workplace could constitute indirect discrimination...

..But the court concluded that such discrimination may be justified by companies’ wish to promote an image of “neutrality” to customers, as long as the ban is the result of a clear and consistent internal policy, and only when it is applied to customer-facing jobs."

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Restrictions on Muslim Women's Dress in the 28 EU Member States (European Court of Human Rights, 2019)

To what extent can these restrictions constitute indirect discrimination?

Religion and its limitations

• Limits free speech
• Limits gender equality
• Promotes discrimination (race, religion, etc.)

"[...] the reality is that millions of women are suffering and being oppressed under religious laws and Islamic governments in many different parts of the world."

Islam & Women's Rights (2002)

Laïcité

A French concept of secularism. It discourages religious involvement in government affairs, especially religious influence in the determination of state policies.

Deontology

If neutrality is the pursuit and the policy of the company then, according to deontological ethics it would be wrong for employees to wear religious symbols.

Religion based Countries

• Vatican City (Roman Catholic Theocracy)
• Saudi Arabia (Islamic Kingdom)
• Cambodia (Theravada Buddhism)
• Pakistan (Islamic state-religion)

Associations based on religion

• World Council of Churches (WCC)
• Muhammadiyah (a major Islamic non-governmental organization in Indonesia)

Examples of Religion-biased Laws

• Saudi Arabia: the Saudi Arabia exercises severe restrictions in their laws, based on firm Sharia Law (islamic law)

• "The Government prohibits the public practice of other religions but the government generally allows private practice of non-Muslim religions"

EU Religion Statistics

...in a survey from 2015, the Eurobarometer concludes that the percentage of Christians in the EU countries is currently 72% (45% Catholic, 11% Protestant, 10% Orthodox, 6% others), and the percentage of those with no religion is 24% (10% atheist, 14% agnostic)

Are there bias from authority towards certain religion?

Kant and 'The Golden Rule'

According to Kant, the idea of God and religion is the basic requirement of ethics.

• Without the existence of God, ethics and a moral life would not be possible

The Golden Rule:

"Do unto others as you

would wish them do unto you"

Nonviolent resistance or civil disobedience?

That the act violates the law,

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2

That the act is performed intentionally,

That the actor anticipates and willingly accepts punitive measures made on the part of the state against him in retaliation for the act.

3

Rosa Parks and the Montgomery Bus Boycott

Non-violent resistance in religious rights activism

Activism has played a major role in ending slavery, promoting equality for women, opposing racism, and many other important issues. It often promotes virtue ethics.

Civil Disobedience

Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government or authority.

The motivation for this act is often when a law contradicts the morally right thing to do.

A famous example of civil disobedience is Rosa Parks

Egoism

If morality is so important, are the motives behind acting morally really all that significant?

Psychological egoism: “every human action is motivated by self interest."