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Chapter 22

POL208Y1 Chapter Notes - Chapter 22: Shani, Cursus Publicus, Hijab


Department
Political Science
Course Code
POL208Y1
Professor
Seva Gunitsky
Chapter
22

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Codified in UNDHR
Ratified by most countries
Violations are subject to prosecution
Not necessarily given to all humans, but citizens
Only enjoyed within context of particular community
Ideas of human rights help define what it means to be human
Whose Rights?
Hijab threatens secularity of public sphere
Hijab is a human right, guaranteed under code
Cultural vs. religious necessity?
Political significance, act of defiance --> wearing in public
Post 9/11: Laws passed banning wearing, could be fined, forced to take
classes
Preservation of shared, non-sectarian public sphere
Distinction between private and public identities of individuals
Equality before the law and non-discrimination
Universal civic education in common schools
Intrude upon other religious
Muslims should conform
Exemption from general requirement of religious restraint
Equal religious rights for all
Values of laicite:
Crucifixes are not 'overtly' religious items
Targets Muslim and Sikh religions --> minority groups
Forced to choose between religion and exclusion from schools
But this promotes Judeo over Muslim
Liberalism of freeing people from these symbols
Oppression of women
Patriarchal societies
Those forced to use/wear these symbols do not wish to do so / are forced
The French Headscarf Ban
Declaration is unclear in who citizens / subjects of Declaration are
'The only real rights are of citizens, not men in general' - Edmund Burke
Humans are all the same
Each human is deserving of the same rights
Assumes that we all share common human nature a priori
Does not account for cultural differences
Western understanding, civilizing mission
Association of liberal democracy
Liberal position
But then what are human rights?
Need to consider different perspectives and approaches to being human
Institution of rights was born in Western Europe
Content of rights (freedom and equality) does not necessarily originate
in Western Europe
Human Rights and Universality
Shani, Giorgio. 2014. “Who Has Rights?" In Edkins, Jenny, and Maja Zehfuss, eds.,
Global Politics: A New Introduction, 2nd ed. Routledge. pp. 590-607.
22: Justice, International Law, and Global Governance
March 28, 2018
10:00 AM
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