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French ban on
face covering The French ban on face covering (French: LOI n° 2010-1192: Loi interdisant la dissimulation du
visage dans l’espace public [4], "Law of 2010-1192: Act prohibiting
concealment of the face in public space") is an act of parliament passed
by the Senate of France on 14 September 2010, resulting in the ban on the
wearing of face-covering headgear, including masks, helmets, balaclavas, niqabs
and other veils covering the face in public places, except under specified
circumstances. The ban also applies to the burqa, a full-body covering, if it
covers the face. Consequently, full body costumes and Zentais (skin-tight
garments covering entire body) were banned. The bill had previously been passed
by the National Assembly of France on 13 July 2010. In April 2011, France
became the first European country to impose a ban on full-face veils in public
areas.
Basic points:
1. The
ban applies to all citizens, including men and non-Muslims, with the exception
of a number of cases (for example, when riding a motorcycle or carrying out
work that requires hiding the face) or in case of special events (carnivals).
2. Violation
of the law is punishable by a fine of up to 150 € and / or forced participation
in educational programs.
3. The
law provides for a fine of € 30’000 and one year in prison for those who force
(by violence, threats or use of force) another person to hide their face. The
punishment can be doubled if the victim is less than 18 years old.
4. The
only situation in which a woman is allowed to wear a niqab is if she travels in
a private car or is in a place of religious worship.
French media reaction to the law:
1. Loi sur la burqa: «Si on cède sur ce sujet, on
devra céder sur d’autres» (Law on the burqa: "If we give in on this
subject, we will have to give in on others") [6].
Even
before the burqa law was passed, the Unity SGP Force Ouvrière union had already
sounded the alarm, saying that it would be difficult to enforce it.
“We
don’t do a lot of checks otherwise it would have gone wrong for a long time.
Controls on veiled women are a sensitive subject because some fundamentalists
are trying to ignite the powder”, says a unionist from the Unsa-police. The law
of October 11, 2010 stipulates that “no one may, in public space, wear an
outfit intended to conceal his face”.
2. Les masques sont-ils compatibles avec la loi sur la
dissimulation du visage dans l’espace public? (Are the masks compatible with
the act on concealing the face in public spaces?) [5].
To the
question "Can you hide your face in a public place?" the law is
clear: "No, it is forbidden to hide or completely cover your face in a
public place: public roads and places open to the public or affected to a
public service […] But there are exceptions”, it is indicated on the site of
the government.
The
legislation provides for an exception when the outfit is "justified by
health or professional reasons (protective mask for example)". This is
precisely the case currently in France with the health crisis. Especially since
wearing a mask is recommended by scientists, including the Academy of Medicine,
in the fight against the coronavirus epidemic.
3. Oui ou non à l’interdiction de dissimuler le
visage? (Yes or no to the ban on concealing the face?) [7].
This
is not necessarily the ideal solution to want to encourage the emancipation of
women. […] With this initiative, we are banning, and therefore we are closing
ourselves off from other populations.
4. Se dissimuler le visage en public interpelle tout
un chacun (Hiding your face in public calls out to everyone) [9].
This
rejection is based on a misunderstanding. The migrant is expected to fit in and
give up being different. This requirement is part of a policy of assimilation
not integration. Difference is seen more as a threat than a source of mutual
enrichment. Therefore, the foreigner must blend in with the crowd. Wearing the
veil goes against such expectations.
It
would be unfair to blame, and even more to stigmatize, voters who will slip a
yes into their envelope. However, to believe that laws and prohibitions will
succeed in hindering the evolution towards societal diversity is pure illusion.
5. Porter un masque en rue est en principe condamnable
à cause de la loi anti-burqa (Wearing a mask in the street is in principle
reprehensible because of the anti-burqa law) [8].
More and more people
wear a mask on the street