Nederlands pragmatisme versus Franse principes? Nationaal beleid ten aanzien van de hoofddoek en de gezichtssluier vergeleken

Abstract

Abstract: Dutch pragmatism versus French principles? A comparison of national policies concerning religious headgear. This article challenges the idea that the tolerant Dutch approach to the 'Islamic' headscarf in public administration and public education is pragmatic, whereas the French 'intolerant' approach represents a principled stand. Some critics of 'soft' Dutch policies claim that the French principled approach is superior and suggest that the Netherlands should adopt it to signal that wearing headscarves is inconsistent with the fundamental principles of the liberal state (such as state-neutrality, individual autonomy, and gender equality). At closer scrutiny, however, the opposition between Dutch 'pragmatism' and French 'principles' is rhetorical, as both are a mix of 'fundamental' principled argument and 'contingent' arguments (political, pragmatic, etc). In tolerant Dutch policies for historical and political reasons the principles of religious freedom and equality (non-discrimination) are central and it is determined per situation whether restriction of the equal right to religious manifestation is allowed, the French anti-headscarf-policies are general as they follow directly from the traditional republican core principles of laicité, but also aim at strategic political and social goals (in particular at the protection of young Muslim girls against the pressure of other Muslims to conform to Islam orthodoxy). The comparison between Dutch 'casuistry' and French 'Real-politics' shows that solving the headscarf question is not a matter of choosing for principles, but a matter of articulation of abstract principles in the political and - especially - institutional context. The conclusion is that the content and weight of the principles one appeals to in the debate about headscarves in public institutions varies with context in both cases.