This House believes that the EU should offer asylum to women from countries which have legislation t
The right of asylum is a juridical concept, under which a person, in this case a woman, persecuted by her own government may be protected by another sovereign authority, a foreign country, or a union of countries.
Legislation is a law that has been enacted by a governing body and is currently part of the legal system in that country with the purpose to regulate, authorize, sanction, grant or restrict certain individual liberties.
Discriminatory legislation against women is not restricted to any one region or group of states[1] but is best known in countries such as Saudi Arabia and others with legal system strongly influenced by Sharia, the moral code and religious law of Islam. Even if the Quran states that men and women are equal, it also sustains that “Men are the protectors and maintainers of women, because Allah has made one of them to respect the other, and because they spend from their means.”
Sharia Law applies in full, covering personal status issues as well as criminal proceedings, in Mauritania, Sudan, Saudi Arabia, Yemen, Iraq, Iran etc. There are also countries in which sharia applies in personal status issues only (marriage, divorce, inheritance and child custody), which is the case in much of the Middle East North Africa region but there it is also applied in some regions of Indonesia. It should be noted that not all Islamic countries apply sharia law.
Discrimination can take a wide verity of different forms. At its worst women become the “property” of the man and they cannot pursue anything without his approval. They are treated poorly by not being equal in front of the justice system, punishment for adultery consist most of the times in stoning or female genitalia mutilation. Elsewhere however discrimination may simply be unequal representation in the political system.
[1]SIGI Ranking 2012, Social Institutions and Gender Index, http://genderindex.org/ranking
Points For
The EU needs to help those suffering from human rights abuses
Everyone is equal. Women who live under legal system that permits discrimination against them are being denied of basic human rights whether this is the right to vote, to a fair trial, or bodily integrity. Sharia Law, for example, clearly denies them human rights like equality before the law, a basic human need according to Universal Declaration of Human Rights. "All are equal before the law and are entitled without any discrimination to equal protection of the law." Under Sharia a woman’s testimony is worth half a man’s and she gets half the inheritance of her male siblings. Second of all, bodily integrity is affected when women are stoned to death or beaten by their husbands without them even being punished. The importance of self-determination and autonomy are neglected in Saudi Arabia where women are not allowed to drive or go alone in public. Female genital mutilation, which causes bleeding, infections and infertility, and is almost always done without the girl's consent, is a big problem in many African countries. Asylum given by the EU shall be the only way for these women to leave the system that persecutes them and be able to have their human needs respected and therefore creating a healthier, safer and better environment.
Kaitlin, ‘Women’s Rights Under Islamic Law’, Inside Islam: Dialogues & Debates, 25 November 2008, http://insideislam.wisc.edu/2008/11/womens-rights-under-islamic-law/
Pizano, Pedro, ‘Where Driving Is a Crime and Speaking About It Leads to Death Threats’, Huffington Post, 6 June 2012, http://www.huffingtonpost.com/pedro-pizano/saudi-women-driving_b_1575969.html
United Nations, ‘The Universal Declaration of Human Rights’, un.org, 10 December 2948, http://www.un.org/en/documents/udhr/
World Health Organisation,’ Female genital mutilation’, WHO Fact sheet, no.241, February 2013, http://www.who.int/mediacentre/factsheets/fs241/en/
Mahmoud, Nahla, ‘Here is why Sharia Law has no place in Britain or elsewhere’, National Secular Society, 6 February 2013, http://www.secularism.org.uk/blog/2013/02/here-is-why-sharia-law-has-no-place-in-britain-or-elsewhere
COUNTERPOINTThe EU is responsible for its own citizens and not for those that live in other countries or regions. Its burden is to protect human rights for European citizens and not for the entire world. At the moment, because of the economic crisis and austerity measures imposed, all the EU attention should be focused on delivering basic human rights (in terms of basic necessities such as food, shelter and employment) for people in Greece, Spain, Italy and other countries in distress. The burden lies here because the government of a country serves the people of that country and as a union each country accepts some of the burden for others in that union. Others that are outwith that union are not giving any direct benefits for the European Union and therefore should they not be our focus. Any more egregious violations of human rights in these countries would already be sufficient cause for granting asylum without a further offer presented to women who are discriminated against.
Douglas-Scott, Sionaidh, ‘The European union and Human Rights after the Treaty of Lisbon’, Human Rights Law Review, Vol.11, No.4, 2011, http://hrlr.oxfordjournals.org/content/11/4/645.abstract
Asylum is the only way to protect women
The European Union is not able to protect women in other countries that are not a part of the union. Countries that have legislation discriminating against women are clearly not listening to European urgings on human rights. They will not respond to these urgings social and cultural traditions are deeply ingrained and only slowly change. Where women are seen as second-tier citizens it is seen as a natural part of the society can barely walk to the corner of the street without the consent of their husband. Moreover, the situation in countries with legislated discrimination against women is not improving, in countries which were previously secular there is increasingly a challenge from Islamism as in Libya and Egypt during the 'Arab Spring'. Moreover the influence of the European Union is declining; it has always been primarily financial, through aid which is declining, and through investment which, at least in the MENA, region has reversed as a result of those same revolutions. By granting asylum we can help them escape a legal system that clearly is against them and replace it with a European Union legal system that grants them those rights they never had.
Kausch, Kristina, 'If Europe is to preserve influence in the Middle East and North Africa, it must move on from technocratic policies towards more flexible cooperation.' LSE European politics and Policy, 21 December 2012, http://blogs.lse.ac.uk/europpblog/2012/12/21/europe-middle-east-north-africa-cooperation/
COUNTERPOINTIt is not true that the human rights situation for women is deteriorating. The Social Institutions and Gender Index has found between 2009 and 2012 there has generally been improvement for example “The number of countries with specific legislation to combat domestic violence
has more than doubled from 21 in 2009 to 53 in 2012”. Women rights can be improved through the United Nations. This has the legitimacy to convince governments to change their policies and liberalize them. Also, the power of the United Nations comes form the number of countries involved, adding besides the EU, the powerful US, China, Russia, and South Africa etc. More than that, the UN has a lot of experience in dealing with these kind of cases. A perfect example is the economic and diplomatic sanctions imposed on the South African government in order to convince them to leave behind the apartheid regime. Moreover one of the reasons for the United Nations is the promotion of universal human rights, and this applies to women as well as anyone else; there are 187 states that are a party to the convention on the elimination of all forms of discrimination against women.
SIGI, '2012 SIGI', OECD, 2012, http://genderindex.org/sites/default/files/2012SIGIsummaryresults.pdf
Reddy, Enuga S., ‘The United Nations: Partner in the Struggle against Apartheid’, un.org, http://www.un.org/en/events/mandeladay/apartheid.shtml
United Nations, ‘Convention on the Elimination of All Forms of Discrimination against Women’, United Nations Treaty Collection, Status at 9 October 2013, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en
The status quo involves sending women back to the threat of persecution
Sometimes, women who are persecuted by their government end up running from their country just to be sent back from the EU when their asylum application is rejected. Under the current legal system, the problems of women from countries that implement Sharia Law and other forms of discrimination are often not considered sufficient grounds for asylum. This is because refugees are only considered to be refugees ‘owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion’, so it does not include persecution for gender. The consequences can be of two kinds. The first and the worst is sending them back home where to face harsh punishment for trying to leave. This was the case with two women who applied for asylum in Great Britain in 1997 and were denied this right even though they faced death by stoning upon return.
Even if the women are not sent home immediately due to a prolonged appeals process they are left in detention centers, in uncomfortable conditions and unable to get a job or do anything while they wait. Those who are denied entry are left with nothing only a long depressing wait to be returned to the horrible conditions from which they thought they had escaped.
Cleaver, Olivia F., ‘Women Who Defy Social Norms: Female Refugees Who Flee Islamic States and Their Fight to Fit into American Immigration Law’, Rutgers Journal of Law & Religion, http://lawandreligion.com/sites/lawandreligion.com/files/Cleaver.pdf
Women for Refugee Women, ‘Refused: the experiences of women denied asylum in the UK’, refugeewomen.com, 2012, http://www.refugeewomen.com/index.php/what-we-do/research
The United Nations High Commissioner for Refugees, ‘Convention and Protocol relating to the status of refugees’, unhcr.org, 1951, http://www.unhcr.org/3b66c2aa10.html p.14
COUNTERPOINTWith regards to a life threatening situation under which women might face severe consequences upon their return, it should be noted that the European Union will not send someone back if it is believed their life is at risk if they are sent back. They will not be forced to leave the country even if asylum is not granted as they will be granted humanitarian protection or discretionary leave to remain which will allow them to remain until the threat is lifted. If the country in question wishes to return the asylum seeker then it will take steps to negotiate with the asylum seeker's country of origin in order to obtain guarantees that the asylum seeker will not be harmed upon their return.
UNHCR, ‘The Facts: Asylum in the UK’, unhcr.org.uk, June 2013, http://www.unhcr.org.uk/about-us/the-uk-and-asylum.html
The EU’s reputation can only benefit from a strong policy on women’s rights
There is a moral obligation for such a powerful and diverse group of nations to protect not only their own citizens but also people in desperate need all around the world. All the countries in the EU have signed the Universal Declaration of Human Rights and therefore stand behind its principles. As the world biggest economic power the EU is fully capable of doing so. The Union is wealthy enough that it can take in the extra migrants that would occur as a result of taking in women from countries where they face discriminatory legislation.
The European Union’s international image is not based on its military might but upon its economy and on being upstanding in its promotion of a human rights agenda. Granting asylum to women that live under discriminatory legal system reinforces this image of being concerned for human rights. The European Union has signed up to the United Nations’ Convention on the Elimination of All Forms of Discrimination against Women by which signatories “agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women” while the convention is calling for the elimination of discrimination internally it is fully in the spirit of the convention to undertake actions that encourage others to fulfill the Convention. By being willing to grant asylum to women from countries that have not lived up to the standards of the convention – which includes “To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women” – the European Union will put pressure on these regimes, helping to highlight their unequal systems.
‘Article 2’, Convention on the Elimination of All Forms of Discrimination against Women, UN Women, 1979, http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
COUNTERPOINTThe image of the European Union, even on human rights, does not result from how they treat the foreign citizens of some distant country but more on how they treat their own citizens. As with any nation or union of countries the EU’s primary responsibility is to fulfill its duties towards its own citizens. More than that, the social balance and economic stability are much more important factors in the European Union’s image abroad than how the union is treating women in faraway countries. So if we decide to talk about image, granting asylum will not improve nor damage the unions. On the other hand, its duty is to protect the European citizens and many things can still be done in this direction. There is no reason in wanting to help people abroad when you can do so much for your own.
We would allow discriminated women to reach their full potential
Women who are constantly threatened by their husbands or who are in societies where they are considered to represent less than a man will most certainly lack ambition to achieve their full potential – or even if they do have the ambition will be restrained from fulfilling it. When you live under a system that considers you inferior to the other gender and denies you opportunities on the basis of gender – sometimes including education the individual is clearly never going to have a chance to make their life worthwhile for its own sake. They won’t be able to take up jobs that will have an impact on the world, they won’t control their own economic circumstances as their husband is the only breadwinner, and they will be denied the opportunity to express their ideas and views. By giving them asylum in a place where women and men are treated equally, we give them the opportunity to do whatever they wanted to do before. Besides the security that they will gain, they will be able to go to school or get a job more easily than in their native country. There is no reason for which we don’t want these women to be a part of our European cultural identity. It is shameful to give this opportunity only to your citizens when women from countries that discriminate against them might be able to contribute so much more than they are able to under their circumstances in their native country.
COUNTERPOINTRather than being selfish and wanting for these women only to be able to achieve their full potential in the European Union, we should consider doing something in order to change the way they are treated at home. Most women are not able to run away from home, or travel hundreds of miles in order to get into Europe to apply for asylum and have this opportunity for development. Even if they were the EU could not take every woman in. The European Union needs to look at the bigger picture and encourage those countries that discriminate against women to become much more liberal in their attitudes to women. This can be done by aid, sanctions, and diplomacy. The EU simply needs to persuade these countries of the massive loss they are sustaining by not allowing half of their population to realize their potential.
Points Against
The EU needs to help those suffering from human rights abuses
Everyone is equal. Women who live under legal system that permits discrimination against them are being denied of basic human rights whether this is the right to vote, to a fair trial, or bodily integrity. Sharia Law, for example, clearly denies them human rights like equality before the law, a basic human need according to Universal Declaration of Human Rights. "All are equal before the law and are entitled without any discrimination to equal protection of the law." Under Sharia a woman’s testimony is worth half a man’s and she gets half the inheritance of her male siblings. Second of all, bodily integrity is affected when women are stoned to death or beaten by their husbands without them even being punished. The importance of self-determination and autonomy are neglected in Saudi Arabia where women are not allowed to drive or go alone in public. Female genital mutilation, which causes bleeding, infections and infertility, and is almost always done without the girl's consent, is a big problem in many African countries. Asylum given by the EU shall be the only way for these women to leave the system that persecutes them and be able to have their human needs respected and therefore creating a healthier, safer and better environment.
Kaitlin, ‘Women’s Rights Under Islamic Law’, Inside Islam: Dialogues & Debates, 25 November 2008, http://insideislam.wisc.edu/2008/11/womens-rights-under-islamic-law/
Pizano, Pedro, ‘Where Driving Is a Crime and Speaking About It Leads to Death Threats’, Huffington Post, 6 June 2012, http://www.huffingtonpost.com/pedro-pizano/saudi-women-driving_b_1575969.html
United Nations, ‘The Universal Declaration of Human Rights’, un.org, 10 December 2948, http://www.un.org/en/documents/udhr/
World Health Organisation,’ Female genital mutilation’, WHO Fact sheet, no.241, February 2013, http://www.who.int/mediacentre/factsheets/fs241/en/
Mahmoud, Nahla, ‘Here is why Sharia Law has no place in Britain or elsewhere’, National Secular Society, 6 February 2013, http://www.secularism.org.uk/blog/2013/02/here-is-why-sharia-law-has-no-place-in-britain-or-elsewhere
COUNTERPOINTThe EU is responsible for its own citizens and not for those that live in other countries or regions. Its burden is to protect human rights for European citizens and not for the entire world. At the moment, because of the economic crisis and austerity measures imposed, all the EU attention should be focused on delivering basic human rights (in terms of basic necessities such as food, shelter and employment) for people in Greece, Spain, Italy and other countries in distress. The burden lies here because the government of a country serves the people of that country and as a union each country accepts some of the burden for others in that union. Others that are outwith that union are not giving any direct benefits for the European Union and therefore should they not be our focus. Any more egregious violations of human rights in these countries would already be sufficient cause for granting asylum without a further offer presented to women who are discriminated against.
Douglas-Scott, Sionaidh, ‘The European union and Human Rights after the Treaty of Lisbon’, Human Rights Law Review, Vol.11, No.4, 2011, http://hrlr.oxfordjournals.org/content/11/4/645.abstract
Asylum is the only way to protect women
The European Union is not able to protect women in other countries that are not a part of the union. Countries that have legislation discriminating against women are clearly not listening to European urgings on human rights. They will not respond to these urgings social and cultural traditions are deeply ingrained and only slowly change. Where women are seen as second-tier citizens it is seen as a natural part of the society can barely walk to the corner of the street without the consent of their husband. Moreover, the situation in countries with legislated discrimination against women is not improving, in countries which were previously secular there is increasingly a challenge from Islamism as in Libya and Egypt during the 'Arab Spring'. Moreover the influence of the European Union is declining; it has always been primarily financial, through aid which is declining, and through investment which, at least in the MENA, region has reversed as a result of those same revolutions. By granting asylum we can help them escape a legal system that clearly is against them and replace it with a European Union legal system that grants them those rights they never had.
Kausch, Kristina, 'If Europe is to preserve influence in the Middle East and North Africa, it must move on from technocratic policies towards more flexible cooperation.' LSE European politics and Policy, 21 December 2012, http://blogs.lse.ac.uk/europpblog/2012/12/21/europe-middle-east-north-africa-cooperation/
COUNTERPOINTIt is not true that the human rights situation for women is deteriorating. The Social Institutions and Gender Index has found between 2009 and 2012 there has generally been improvement for example “The number of countries with specific legislation to combat domestic violence
has more than doubled from 21 in 2009 to 53 in 2012”. Women rights can be improved through the United Nations. This has the legitimacy to convince governments to change their policies and liberalize them. Also, the power of the United Nations comes form the number of countries involved, adding besides the EU, the powerful US, China, Russia, and South Africa etc. More than that, the UN has a lot of experience in dealing with these kind of cases. A perfect example is the economic and diplomatic sanctions imposed on the South African government in order to convince them to leave behind the apartheid regime. Moreover one of the reasons for the United Nations is the promotion of universal human rights, and this applies to women as well as anyone else; there are 187 states that are a party to the convention on the elimination of all forms of discrimination against women.
SIGI, '2012 SIGI', OECD, 2012, http://genderindex.org/sites/default/files/2012SIGIsummaryresults.pdf
Reddy, Enuga S., ‘The United Nations: Partner in the Struggle against Apartheid’, un.org, http://www.un.org/en/events/mandeladay/apartheid.shtml
United Nations, ‘Convention on the Elimination of All Forms of Discrimination against Women’, United Nations Treaty Collection, Status at 9 October 2013, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en
The status quo involves sending women back to the threat of persecution
Sometimes, women who are persecuted by their government end up running from their country just to be sent back from the EU when their asylum application is rejected. Under the current legal system, the problems of women from countries that implement Sharia Law and other forms of discrimination are often not considered sufficient grounds for asylum. This is because refugees are only considered to be refugees ‘owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion’, so it does not include persecution for gender. The consequences can be of two kinds. The first and the worst is sending them back home where to face harsh punishment for trying to leave. This was the case with two women who applied for asylum in Great Britain in 1997 and were denied this right even though they faced death by stoning upon return.
Even if the women are not sent home immediately due to a prolonged appeals process they are left in detention centers, in uncomfortable conditions and unable to get a job or do anything while they wait. Those who are denied entry are left with nothing only a long depressing wait to be returned to the horrible conditions from which they thought they had escaped.
Cleaver, Olivia F., ‘Women Who Defy Social Norms: Female Refugees Who Flee Islamic States and Their Fight to Fit into American Immigration Law’, Rutgers Journal of Law & Religion, http://lawandreligion.com/sites/lawandreligion.com/files/Cleaver.pdf
Women for Refugee Women, ‘Refused: the experiences of women denied asylum in the UK’, refugeewomen.com, 2012, http://www.refugeewomen.com/index.php/what-we-do/research
The United Nations High Commissioner for Refugees, ‘Convention and Protocol relating to the status of refugees’, unhcr.org, 1951, http://www.unhcr.org/3b66c2aa10.html p.14
COUNTERPOINTWith regards to a life threatening situation under which women might face severe consequences upon their return, it should be noted that the European Union will not send someone back if it is believed their life is at risk if they are sent back. They will not be forced to leave the country even if asylum is not granted as they will be granted humanitarian protection or discretionary leave to remain which will allow them to remain until the threat is lifted. If the country in question wishes to return the asylum seeker then it will take steps to negotiate with the asylum seeker's country of origin in order to obtain guarantees that the asylum seeker will not be harmed upon their return.
UNHCR, ‘The Facts: Asylum in the UK’, unhcr.org.uk, June 2013, http://www.unhcr.org.uk/about-us/the-uk-and-asylum.html
The EU’s reputation can only benefit from a strong policy on women’s rights
There is a moral obligation for such a powerful and diverse group of nations to protect not only their own citizens but also people in desperate need all around the world. All the countries in the EU have signed the Universal Declaration of Human Rights and therefore stand behind its principles. As the world biggest economic power the EU is fully capable of doing so. The Union is wealthy enough that it can take in the extra migrants that would occur as a result of taking in women from countries where they face discriminatory legislation.
The European Union’s international image is not based on its military might but upon its economy and on being upstanding in its promotion of a human rights agenda. Granting asylum to women that live under discriminatory legal system reinforces this image of being concerned for human rights. The European Union has signed up to the United Nations’ Convention on the Elimination of All Forms of Discrimination against Women by which signatories “agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women” while the convention is calling for the elimination of discrimination internally it is fully in the spirit of the convention to undertake actions that encourage others to fulfill the Convention. By being willing to grant asylum to women from countries that have not lived up to the standards of the convention – which includes “To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women” – the European Union will put pressure on these regimes, helping to highlight their unequal systems.
‘Article 2’, Convention on the Elimination of All Forms of Discrimination against Women, UN Women, 1979, http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
COUNTERPOINTThe image of the European Union, even on human rights, does not result from how they treat the foreign citizens of some distant country but more on how they treat their own citizens. As with any nation or union of countries the EU’s primary responsibility is to fulfill its duties towards its own citizens. More than that, the social balance and economic stability are much more important factors in the European Union’s image abroad than how the union is treating women in faraway countries. So if we decide to talk about image, granting asylum will not improve nor damage the unions. On the other hand, its duty is to protect the European citizens and many things can still be done in this direction. There is no reason in wanting to help people abroad when you can do so much for your own.
We would allow discriminated women to reach their full potential
Women who are constantly threatened by their husbands or who are in societies where they are considered to represent less than a man will most certainly lack ambition to achieve their full potential – or even if they do have the ambition will be restrained from fulfilling it. When you live under a system that considers you inferior to the other gender and denies you opportunities on the basis of gender – sometimes including education the individual is clearly never going to have a chance to make their life worthwhile for its own sake. They won’t be able to take up jobs that will have an impact on the world, they won’t control their own economic circumstances as their husband is the only breadwinner, and they will be denied the opportunity to express their ideas and views. By giving them asylum in a place where women and men are treated equally, we give them the opportunity to do whatever they wanted to do before. Besides the security that they will gain, they will be able to go to school or get a job more easily than in their native country. There is no reason for which we don’t want these women to be a part of our European cultural identity. It is shameful to give this opportunity only to your citizens when women from countries that discriminate against them might be able to contribute so much more than they are able to under their circumstances in their native country.
COUNTERPOINTRather than being selfish and wanting for these women only to be able to achieve their full potential in the European Union, we should consider doing something in order to change the way they are treated at home. Most women are not able to run away from home, or travel hundreds of miles in order to get into Europe to apply for asylum and have this opportunity for development. Even if they were the EU could not take every woman in. The European Union needs to look at the bigger picture and encourage those countries that discriminate against women to become much more liberal in their attitudes to women. This can be done by aid, sanctions, and diplomacy. The EU simply needs to persuade these countries of the massive loss they are sustaining by not allowing half of their population to realize their potential.
The situation in these countries is improving, no need for a new policy.
Such an extreme measure as granting asylum to all women from these countries is not required as the situation in countries that discriminate against women is improving. Moreover, such an approach might be seen as an attack and make Middle Eastern and African countries react badly. Most of these countries are moving towards a more liberal approach and starting to promote the rights of women and reduce legislated discrimination. They already have an interest in aligning with western conditions in order to increase their international reputation. More than that, people in these societies are becoming more liberal demanding more and more rights as we see in the Arab Spring. In Kuwait, female suffrage has been allowed since 2005, whereas Saudi Arabia permitted women to vote and participate in municipal election from 2011. The right for national election will follow in 2015, with King Abdullah changing his country’s ultraconservative approach. The wind of change has left Europe and is heading toward the Middle East and Africa, promoting social reform and equality between men and women. If practices like female genitalia mutilation were widely used ten years ago, now they are enforced only in tribal parts of Africa, affecting less and less women. In conclusion, there is no need to worry about female that have residence in these countries because they are becoming more liberal and along with that, the whole country is changing. Diplomacy is working, there is no need for a new asylum policy.
Ajami, Fouad, ‘The Arab Spring at One’, Foreign Affairs, March/April 2012, http://www.foreignaffairs.com/articles/137053/fouad-ajami/the-arab-spring-at-one
BBC News, ‘Kuwaiti women win right to vote’, BBC News, 17 May 2005, http://news.bbc.co.uk/2/hi/middle_east/4552749.stm
BBC News, ‘Women in Saudi Arabia to vote and run in elections’, 25 September 2011, http://www.bbc.co.uk/news/world-us-canada-15052030
Stewart, Catrina, ‘Saudi women gain vote for the first time’, The Independent, 26 September 2011, http://www.independent.co.uk/news/world/middle-east/saudi-women-gain-vote-for-the-first-time-2360883.html
COUNTERPOINTAt a first glance this might be true but let’s take a deeper view upon these societies. The example of Saudi Arabia where women are slowly being given the vote is true but this is not much of a gain in a country where the parliament has almost no power. In a culture where it is normal that they require the approval of their husband or father in order to be able to vote or do anything the result is simply another vote for the man. More than that, in countries like Saudi Arabia, basic rights like the right of movement are denied to women who cannot get a driving license. That there is progress in some areas does not mean that there is no reason for a policy of welcoming women asylum seekers. Far from it, such a policy would increase the pressure on these countries to step up their reforms. We should also remember that progress can go into reverse – thus the trend towards more governments that are less secular in the Middle East should be a worrying reminder of why the EU needs to let these women in.
Goss, Crystal, ’10 of the World’s Worst Countries to Live in as a Woman’, Take Part, 20 August 2012, http://www.takepart.com/photos/worst-countries-women/pakistan
Shane, Daniel, ‘Saudi in new crackdown on female drivers’, Arabian Business.com, 25 August 2013, http://www.arabianbusiness.com/saudi-in-new-crackdown-on-female-drivers-514912.html
The response will be to impose more control over the movement of women.
While it is cliché that every action has an equal and opposite reaction in this case the reaction is likely to be bad. If the European Union wants to open up to women from countries that discriminate against women then the clear recourse for those countries is to make sure their women can’t leave. More government and family control will mean more rights will be infringed and leaving the country will be impossible even for tourism. If men are worried about their wives claiming asylum when on holiday why would they give them the opportunity? The state could respond by taking away, or regulating the possibility for women to leave the country. If in the present day, where the EU is not offering asylum, countries in the Middle East and Africa have the certainty that women will come back after their visa expires, this certainty will no longer be in place after we approve the motion. It is in no interest for national governments to lose population and therefore they will act towards infringing this right and many others to keep women at home.
COUNTERPOINTIt is wrong to suggest that the EU should not take an action because some countries might use it as an excuse to clamp down on women’s rights. Europe needs to respond to its own problem that in the Status Quo women who get to the European Union are denied asylum even when they have every reason not to wish to return home. The UK asylum system represents an example of a system that regularly denies women asylum even when they have been persecuted. Second of all, it is absurd to believe that countries like Saudi Arabia or Yemen will definitely close their borders for women to leave as to do so would likely bring retaliation from the EU, these countries if proposing such a move clearly don’t think much of the value of their women so why would they wish to lock them in when to do so will result in less trade. Second refugees are for the most part those fleeing persecution – not those leaving under a passport. Many are already travelling without the permission of their state. If their state revokes their right to leave it will simply demonstrate the appropriateness of the EU letting them in.
Women for Refugee Women, ‘Refused: the experiences of women denied asylum in the UK’, refugeewomen.com, 2012, http://www.refugeewomen.com/index.php/what-we-do/research
Offering asylum for women will be seen as a case of cultural imperialism
Offering asylum to women who live under Sharia Law or other forms of discriminatory systems will be seen as a cultural attack made by the West against Islamic and Africa values. The European Union’s actions will be seen as neo-colonialism meant to influence foreign states population. Ultraconservative Islamic countries are already suspicious of the west of social and cultural issues; this will simply show that they are correct in their concerns. Let’s take the example of South Park, an American comedy TV-Show that portrayed Muhammad as a bear during one of its episodes. A website known for supporting jihad against the West published a warning against the creator, threatening to kill them if they don’t remove the episode. Despite being a cartoon for a western audience it was seen as an attack on Islam. A policy which would appear to be in large part directed at Islamic states would be needlessly inflammatory.
The European Union would be showing that they do not care for the cultural values of others. Instead it would be promoting an imperial notion that western values are superior to those of other cultures. This is then legitimizing any notion that there is some kind of clash of cultures as it draws a line between the European Union and these states, a notion that would then be used by extremists on both sides as a propaganda tool and justification for violence.
Leo, Alex, ‘South Park’s Depiction of Muhammad Censored AGAIN’, Huffington Post, 22 April 2010, http://www.huffingtonpost.com/2010/04/22/south-park-mohammed-censo_n_547484.html
COUNTERPOINTNo violence or incitement to violence can be justified by changes in legislation. It is not a cultural attack of any kind towards the Islamic religion or a certain culture. We must acknowledge that even the Quran clearly states, “Both men and women should be equal”. Implementing such a measure is simply highlighting that these nations are not living up to their obligations and applying rights that they themselves have accepted are universal by signing up to the Universal Declaration of Human Rights. It is a reminder that every country has the duty to respect its citizens and offer equal opportunities disregarding sex, religion, skin color etc. The intention of the European Union is simple and clear: you have to respect the international law and common sense. Furthermore with the example of South Park there is a fundamental difference in that portraying Mohammed is a fundamental attack on a religion where encouraging equality for women is simply encouraging change in a country’s legislation. The latter is considerably less inflammatory.
Allowing women asylum will damage feminist movements
In order to drive social change, these regions need women who are open-minded and want to be part of feminist movements. By giving them the “easy way-out”, social change will be delayed in countries with a legal system that discriminate against women. Females will have two options. First of all, they can leave the country and come in the European Union where the situation is already better. Second, they can choose to remain in their national country and fight for their rights. It is only human to take the easy way out. Movements for women’s rights will therefore lose many of those who want to change something and are willing to take action and as a result a lot of power. Those who migrate will be those who are more independent, more willing to do something to change their situation. Their energies will be directed outwards to leaving their home rather than to improving their situation where they are which would help millions of other women as well as themselves. This is the case with emigration more generally those who leave are those who are more entrepreneurial and are more likely to be leaders – in the United States 18% of small businesses were owned by immigrants, higher than the 13% share of the total population that are immigrants. As such movements for women’s rights will not only be deprived of numbers, but they will lose the leadership of the women who would be most likely to push for change.
Editorial, ‘Immigrants and Small Businesses’, The New York Times, 30 June 2012, http://www.nytimes.com/2012/07/01/opinion/sunday/immigrants-and-small-business.html?_r=0
COUNTERPOINTWomen will chose to remain in their country because they have a family, a husband, friends and most likely a place to live. Not every woman who is a leader will simply think of helping themselves, many will want to stay and help their country overcome its discrimination. And we should not suggest that those who do go to start a new life in the EU will not benefit the cause of women’s rights at home. They can learn from the example of the state they end up in, learn to lead organisations and mobilise people so that they can be more effective at promoting social change at home.
Bibliography
Ajami, Fouad, ‘The Arab Spring at One’, Foreign Affairs, March/April 2012, http://www.foreignaffairs.com/articles/137053/fouad-ajami/the-arab-spring-at-one
BBC News, ‘Women in Saudi Arabia to vote and run in elections’, 25 September 2011, http://www.bbc.co.uk/news/world-us-canada-15052030
BBC News, ‘Kuwaiti women win right to vote’, BBC News, 17 May 2005, http://news.bbc.co.uk/2/hi/middle_east/4552749.stm
Cleaver, Olivia F., ‘Women Who Defy Social Norms: Female Refugees Who Flee Islamic States and Their Fight to Fit into American Immigration Law’, Rutgers Journal of Law & Religion, http://lawandreligion.com/sites/lawandreligion.com/files/Cleaver.pdf
Douglas-Scott, Sionaidh, ‘The European union and Human Rights after the Treaty of Lisbon’, Human Rights Law Review, Vol.11, No.4, 2011, http://hrlr.oxfordjournals.org/content/11/4/645.abstract
Editorial, ‘Immigrants and Small Businesses’, The New York Times, 30 June 2012, http://www.nytimes.com/2012/07/01/opinion/sunday/immigrants-and-small-business.html?_r=0
Kaitlin, ‘Women’s Rights Under Islamic Law’, Inside Islam: Dialogues & Debates, 25 November 2008, http://insideislam.wisc.edu/2008/11/womens-rights-under-islamic-law/
Kausch, Kristina, 'If Europe is to preserve influence in the Middle East and North Africa, it must move on from technocratic policies towards more flexible cooperation.' LSE European politics and Policy, 21 December 2012, http://blogs.lse.ac.uk/europpblog/2012/12/21/europe-middle-east-north-africa-cooperation/
Leo, Alex, ‘South Park’s Depiction of Muhammad Censored AGAIN’, Huffington Post, 22 April 2010, http://www.huffingtonpost.com/2010/04/22/south-park-mohammed-censo_n_547484.html
Mahmoud, Nahla, ‘Here is why Sharia Law has no place in Britain or elsewhere’, National Secular Society, 6 February 2013, http://www.secularism.org.uk/blog/2013/02/here-is-why-sharia-law-has-no-place-in-britain-or-elsewhere
Pizano, Pedro, ‘Where Driving Is a Crime and Speaking About It Leads to Death Threats’, Huffington Post, 6 June 2012, http://www.huffingtonpost.com/pedro-pizano/saudi-women-driving_b_1575969.html
Reddy, Enuga S., ‘The United Nations: Partner in the Struggle against Apartheid’, un.org, http://www.un.org/en/events/mandeladay/apartheid.shtml
Shane, Daniel, ‘Saudi in new crackdown on female drivers’, Arabian Business.com, 25 August 2013, http://www.arabianbusiness.com/saudi-in-new-crackdown-on-female-drivers-514912.html
SIGI, '2012 SIGI', OECD, 2012, http://genderindex.org/sites/default/files/2012SIGIsummaryresults.pdf
Stewart, Catrina, ‘Saudi women gain vote for the first time’, The Independent, 26 September 2011, http://www.independent.co.uk/news/world/middle-east/saudi-women-gain-vote-for-the-first-time-2360883.html
United Nations, ‘Convention on the Elimination of All Forms of Discrimination against Women’, United Nations Treaty Collection, Status at 9 October 2013, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en
United Nations, ‘Article 2’, Convention on the Elimination of All Forms of Discrimination against Women, UN Women, 1979, http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
United Nations, ‘The Universal Declaration of Human Rights’, un.org, 10 December 2948, http://www.un.org/en/documents/udhr/
The United Nations High Commissioner for Refugees, ‘The Facts: Asylum in the UK’, unhcr.org.uk, June 2013, http://www.unhcr.org.uk/about-us/the-uk-and-asylum.html
The United Nations High Commissioner for Refugees, ‘Convention and Protocol relating to the status of refugees’, unhcr.org, 1951, http://www.unhcr.org/3b66c2aa10.html
Women for Refugee Women, ‘Refused: the experiences of women denied asylum in the UK’, refugeewomen.com, 2012, http://www.refugeewomen.com/index.php/what-we-do/research
World Health Organisation,’ Female genital mutilation’, WHO Fact sheet, no.241, February 2013, http://www.who.int/mediacentre/factsheets/fs241/en/
Have a good for or against point on this topic? Share it with us!