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The Right to Education/Human Rights - Essay Example

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Though Malika Boukbout has every right to believe and practice her religion, she needs to recognise the superiority of the state. The present case the matter of matter of Malika Boukbout v. France has…
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The Right to Education/Human Rights
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The Right to Education/Human Rights

Download file to see previous pages... Malika Boukbout is a French citizen of Moroccan descent. She has been living in La Courneuve, a lower-middle class Parisian suburb largely populated by Moroccan and Algerian immigrants, with her mother, father, and four older brothers. She and her family members are practicing Muslims, and specifically observe the practices and customary laws of the Malikite School of Islamic religious theory, which is predominate throughout Northern Africa. From her first year of elementary education until February 2004, Mlle. Boukbout has attended co-educational schools in the French public education system wearing hijabs. France, which has a long history regarding the separation of church and state, has permitted students in public schools to wear religious symbols until recently. The Constitution of France also states that France is to be a laïque (secular) Republic and a 1905 law prohibits the state from recognizing or funding any religion. It is also says that schools, which receive all funds from public sources, must not, by law, promote any religion and must remain open to children of all or no faith.
From the late 1980s lot of Muslim girls in public schools have been wearing headscarves in schools. When controversy emanated over students wearing headscarves in French society, President Chirac constituted a Commission to examine how the principle of laïcité should apply. After a five month investigation commission has recommended enacting a law prohibiting students from wearing religious symbols in public funded schools. This decision was taken to prevent cultural clashes that had been taking place in schools, which leads to violence, threats to individual freedom, and to generally preserve public order.
The French parliament has enacted legislation with the purpose. The law was passed in the parliament with more than 2/3rd majority to ban the wearing ...Download file to see next pagesRead More
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