Gender, Race, and the Law: Quebec's Bill 21 and the state regulation of Muslim women's bodies


Negin Mohaghegh Harandi, University of Ottawa

Bill 21, referred to as “Quebecs Act Respecting the Laicity of the State” is the most recent legislation aimed at prohibiting the wearing of headscarves and face-veils. It bans individuals who wear religious symbols from working in many positions in public service such as police officers, teachers, crown prosecutors, lawyers and notaries contracted by the government or provincial ministry, members and heads of the government commissions and arbitrators. Also, according to this law, people must uncover their faces for identification and security reasons to receive and provide public services including health care. Qubec’s Bill 21 appears neutral on the surface and does not explicitly mention Muslim women or the hijab. However, human rights and women’s rights organizations in Quebec contend that the legislation disproportionately affects Muslim women by restricting their rights to equality and freedom of religion, excluding them from secure and stable work, and preventing them from fully participating in Quebec society (Canadian Civil Liberties Association, n.d.; Womens Legal Education and Action Fund, 2021). In this presentation, I argue that Quebec’s Bill 21 is a simultaneously gendering and racializing practice that extends beyond a mere regulatory tool aimed at restricting Muslim women from wearing religious clothing. I aim to explore the ways Bill 21, as a gendering and racializing practice, shapes its own versions of the truth about the identities of Muslim women and their place within the nation. This presentation focuses on the dual role of Bill 21 not only in shaping a particular narrative about Muslim women’s identities but also in defining the Quebecoise nation as a “secular”, “neutral” and “gender-equal” entity while drawing boundaries between those deemed as the “original citizens” and those identified as the “outsiders”. By reviewing the political debates and statements prior to the passage of Bill 21, I argue Bill 21, as a racializing gendered practice, constructs the identities of Muslim women as “oppressed” individuals lacking agency and in need of liberation. At the same time, it proposes that while signs and symbols of Catholicism are considered as national heritage, the dressing of Muslim women is perceived as a threat to Quebec’s laicity and the principle of gender equality. Additionally, I will highlight the importance of incorporating “race” into the analysis of the experiences of Muslim women. Historically, White feminism has often displayed a tendency to either ignore the voices and experiences of Muslim women or perpetuate negative colonial stereotypes about Muslim women being “passive” victims of their “backward” cultures. Thus, there has not been sufficient effort within feminism and socio-legal studies to unpack how anti-veiling laws, such as Quebec’s Bill 21, function as racialized gendered practices and regulate the bodies of Muslim women. I argue that White feminism has not adequately centred its analysis around “race” and the experiences of women of colour, particularly Muslim women who, since the aftermath of 9/11, have been subjected to intensified control and surveillance policies in Western societies.

This paper will be presented at the following session: