I was struck today by the news that in Germany and Austria, the federal governments (supported by local state legislators) have moved to make the wearing of face masks compulsory when travelling on public transport, and in some cases, even when shopping. This is a sensible measure that is evidence-based and follows the precautionary principle that underpins all public health advice : it does no harm to wear a covering of the nose and mouth, and it probably plays a part in reducing the risk of asymptomatic people spreading the covid-19 virus inadvertently when out and about. I have no argument with the policy, and I strongly suspect that something similar will form part of the process that allows the UK to emerge from our current restrictions in due course.
So what has given me cause to pause by this story? Simply this. That many of these same states have also passed legislation banning the wearing of traditional Muslim full face masks in public.
Now, I’m not an expert in the legal systems of Germany or Austria, but it seems to me that it’s going to be very difficult to reconcile an absolute ban on the niqab alongside an absolute requirement for everybody to be wearing a face mask in defined public settings. In fact, I’d go as far as to say that the two laws will be absolutely in conflict one with the other. And this is the problem with taking an absolute position on almost any particular issue.
European laws seeking to restrict the wearing of traditional Muslim dress in public spaces largely stemmed from fears that a rise in sympathies for far-right and neo-Nazi groups might lead to far greater dangers for Muslim residents. Mainstream politicians of the left, centre and social democratic right sought to reduce the populist appeal of a particular brand of anti-Islamic rhetoric by bringing forward legislation that was itself clothed in words like assimilation, or helping minority communities to ‘fit in’ better. There was even some suggestion that traditional dress was demeaning to women and ran counter to Western values (conveniently overlooking the structural sexual discrimination in those same societies that continues to see women paid significantly less on average than men in almost all large organisations across the public and private sectors).
The problem is that seeking to legislate – to take an absolute, clear legal position – on something as complex as a dress code steeped in a thousand years of cultural and religious symbolism and culture, is fraught with danger. Legislation is not good at nuance – it is usually and necessarily a blunt tool. And seeking to take absolute positions where context and nuance are key to understanding what is going on, is inevitably fraught with danger down the road. Even more so when it now seems that wearing the niqab was actually the socially responsible thing to be doing all along!
better out than in 