Women's Autonomy and State Control Around the World

Head Writer: Amina Mehmood

Editor: Fernanda Pasapera Zegarra

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‘Body autonomy’ is the fundamental right of every person to make decisions about their own body, free from external pressure, influence, or coercion. It's more than just a concept; it's about owning the power to define what happens to the individual's body and life.

Historically, the autonomy of women has been constrained by a range of factors on a global scale. Whether through legal restrictions, social conventions, or cultural expectations, the choices available to women are frequently influenced by factors outside their control.

No matter how we view it, Autonomy is the cornerstone of personal freedom and dignity!

Welcome to our mini-series, Women's Rights of Yesterday and Today. This series, written by Amina, explores the global rights of women, from how they dress to how control over their bodies is often placed in the hands of others.

Photo by Gayatri Malhotra on Unsplash

In recent years, women's efforts to gain control over their own lives are increasingly being met with resistance from governments making this a pressing issue across the globe.

Regardless of their background, women face challenges at every stage of life, often finding their rights at the center of broader societal debates. From the streets of Karnataka, India, to France, women encounter restrictions on what they can wear–today, it's a piece of clothing, but what will it be tomorrow?

Is a Piece of Clothing an Enemy or a Friend?

Brief Overview Of Restrictive Policies In France:

1989: The hijab ban's cultural background can be traced to France's historical colonization of North Africa but it took off in 1989 when three girls' refusal to take off their headscarves led to a suspension from school. [1] [2]
2004: The French government banned all visible religious symbols including headscarves in all state schools arguing that the ban upholds the country’s commitment to secularism.
2011: France became the first European country to ban the full-face Islamic veil (niqab) in all public spaces. [3]
2016: A burkini ban was introduced in seaside towns but the Council of State overturned it. Despite this ruling, the debate around the burkini persisted. [4]
2022: Grenoble's city council attempted to allow burkinis in public pools, but this was blocked by France's highest administrative court, which upheld the ban. [5]
2022: The French government passed an amendment banning the hijab in all sports competitions for French athletes. [6]
2023: France’s education minister banned Abayas - a long, loose-fitting garment in all public schools. [7]
2024: The burkini ban continues to be enforced in public pools in some areas of France, still being a focal point. The burkini ban is not an official nationwide law in France; rather, it has been implemented by local authorities and private resorts in certain cities and regions.

For many Muslim women, the hijab serves as a symbol of faith. The ban forcibly limits their ability to practice their religious beliefs freely, thereby violating their autonomy.

In France, the Hijab is banned in all middle and high schools, certain private universities, and all government sectors. Public officials such as teachers, police officers, and firefighters are also not allowed to wear the hijab during work hours. Some private companies prefer not to hire hijab-wearing employees. This restricts access to education, employment, dignity, and safety. The punishment for not adhering to the bans could result in verbal and written warnings, fines, and arrests. [8]

“A lot of companies still refuse to accept women wearing a hijab. At my first internship, the manager who hired me told the general director that I had a disease which made my hair fall, so that I could wear the hijab without getting any remarks about it at work.”

— Lamya, a 23-year-old business student, 14 April 2021 on VICE [9]

Local French authorities also uphold the ban on burkini (a swimsuit designed for women that covers the whole body except the face, hands, and feet) in public pools. Interestingly, a burkini provides a similar level of coverage as a full-body wetsuit and swimming cap, yet it’s treated differently. Does this ban imply a biased and selective approach to human rights protections by targeting one specific minority group? [10]

The ban has led to the stigmatization of Muslim women who wear the hijab, intensifying their marginalization within society. Public harassment, such as verbal abuse or physical attacks, is a prevalent reality for those Muslim women wearing hijabs or niqabs. Consequently, many of them may feel increasingly isolated within their communities. Moreover, their clothing choices are politicized and perceived as incompatible with "Western" or "secular" values, which fosters a profound sense of alienation.

“There is a real infantilization of Muslim women. We live in a society where women wearing the hijab are prevented from working, from doing sports, from singing on a TV show, and from accompanying children on a school outing. All these polemics and laws that have a desire to ‘liberate’ women push these women to stay home. It is very ironic when the clichés perceive us as women who do not leave the house and do not work because of male authority when in reality it is the government that wants to erase us from society. [...]

How can a government consider a 15-year-old girl mature enough for sexual consent but a 17-year-old girl not mature enough to know how she wants to dress?’’

— Taqwa Bint Ali on Vogue Arabia [12]

A similar situation has unfolded in a state at the opposite end of the world: Karnataka, India, where a state-level ban on the hijab in all public educational institutions has ignited significant unrest. Protests and legal disputes have broken out following the prohibition, as Muslim women advocate that the law infringes upon their fundamental rights to freedom of religion and conscience. [13]

"Young Muslim women are out on the streets protesting for their rights. And you're still telling me that [these] women can't think for themselves?" said 27-year-old Naq [14]

In the context of rising Islamophobia, some individuals have found a way to mask their prejudices under the cover of secularism. But is this genuinely about secularism, or is it more accurately a manifestation of Islamophobia? The ban was fueled in 2022 when some schools and colleges prohibited their hijab-wearing students from their premises.

This decision soon sparked a wider discussion on religious liberty and the government’s influence over women’s decisions.

Over 1000 girls dropped out of pre-university colleges in Karnataka due to the hijab ban and other interconnected reasons. In the 2022-2023 academic year, enrollment of Muslim female students in government colleges has fallen to half. [15]

“We were so close to finishing,” she said. “They could have easily just made an exception for us for those few months.” However, the women were asked to transfer to another college if they wanted to continue wearing their hijabs. “All my friends are already doing their Masters,” she said. “But I’m just stuck.’’ — 21-year-old, Gulnaaz Ali [16]

While the lack of access to education worldwide can be attributed to various factors, who would have thought that a piece of clothing could be an obstacle to education for many?

This scenario exposes the deep-seated tension between personal liberty and authority.

You Can Help:

Raise Awareness: Educate yourself and others about the religious, cultural, and personal significance of the hijab. Ensure that the sources you are using are credible and valid.
Promote policy change: Support organizations that campaign for religious freedom and gender equality—and advocate for legal changes protecting women's rights in France, India, and globally.
Support affected women: Offer solidarity to victims of these restrictions through local support groups, social media, or by backing legal challenges that aim to overturn discriminatory laws.
Challenge Islamophobia: When you hear remarks or encounter discrimination against Muslims, speak out against it. Encouraging open dialogue can help remove stereotypes that often fuel these bans.

References

[1] Where France's Possible New Hijab Ban Fits Into History | TIME https://time.com/6049226/france-hijab-ban/

[2] Islamic scarf controversy in France - Wikipedia https://en.m.wikipedia.org/wiki/Islamic_scarf_controversy_in_France

[3] The Islamic veil across Europe - BBC News https://www.bbc.com/news/world-europe-13038095

[4] Burkini ban: Why is France arresting Muslim women for wearing full-body swimwear and why are people so angry? | The Independent https://www.independent.co.uk/news/world/europe/burkini-ban-why-is-france-arresting-muslim-women-for-wearing-fullbody-swimwear-and-why-are-people-so-angry-a7207971.html

[5] French burkini ban upheld as Grenoble loses legal challenge https://www.bbc.com/news/world-europe-61883529

[6] Why France is Banning the Hijab for Their Olympic Athletes | TIME https://time.com/7000437/france-sporting-hijab-ban-olympics/

[7] France to ban wearing abaya dress in schools: Minister https://www.aljazeera.com/news/2023/8/27/france-to-ban-wearing-abaya-dress-in-schools-minister

[8] The hijab ban and human rights of Muslim women in Europe https://gchumanrights.org/gc-preparedness/preparedness-civil-and-political-rights/article-detail/the-hijab-ban-and-human-rights-of-muslim-women-in-europe.html

[9] ‘We Are Treated as Animals’ – French Muslim Women on the Proposed Hijab Ban https://www.vice.com/en/article/france-hijab-ban-french-muslim-women-react/

[10] Burkini ban: Why is France arresting Muslim women for wearing full-body swimwear and why are people so angry? | The Independent https://www.independent.co.uk/news/world/europe/burkini-ban-why-is-france-arresting-muslim-women-for-wearing-fullbody-swimwear-and-why-are-people-so-angry-a7207971.html

[11] The Tangled Web of Discrimination Faced by Muslim Women - Open Society Foundations https://www.opensocietyfoundations.org/voices/tangled-web-discrimination-faced-muslim-women

[12] As a French Hijabi, This is What I Think of My Country’s Controversial Hijab Ban (vogue.me) https://en.vogue.me/culture/france-hijab-ban-impact/#:~:text=The%20hijab%20is%20only%20allowed%20at%20the%20public,to%20the%20second%20problem%3A%20having%20a%20professional%20career

[13] India court upholds Karnataka state’s ban on hijab in class | Islamophobia News | Al Jazeera https://www.aljazeera.com/news/2022/3/15/india-court-upholds-karnataka-states-ban-on-hijab-in-class

[14] Karnataka: 'Wearing a hijab doesn't make Muslim women oppressed’ https://www.bbc.com/news/world-asia-india-60454685

[15] Over 1,000 Muslim girls dropped out of PU colleges in Karnataka during hijab controversy: PUCL report | Bangalore News - The Indian Express https://indianexpress.com/article/cities/bangalore/pucl-releases-report-on-impact-of-hijab-ban-on-muslim-girl-students-in-karnataka-8371485/

[16] One year of Karnataka’s war on Muslim women’s right to learn https://scroll.in/article/1041529/one-year-of-karnatakas-war-on-muslim-womens-right-to-learn