The European Court of Human Rights has upheld a French law that makes it illegal for anyone to cover their face in a public place. Although the ban also includes the wearing of balaclavas and hoods, it is perceived as having a targeted impact on Muslim women who wear the traditional niqab and burqa. The applicant in this case, a 24 year old French woman, claimed the ban violated Article 8 of the European Convention on Human Rights (respect for private and family life), Article 9 (freedom of thought, conscience and religion) and Article 14 (prohibition on discrimination).
Responding to the applicant’s complaint, the French Government argued that the ban was put in place to ensure respect for the minimum set of values of an open democratic society. This included respect for gender equality, respect for human dignity and respect for the minimum requirements of life in society, or “living together”.
In handing down its decision the Court disregarded the gender equality and respect for human dignity components of the French Government’s response and focussed instead on the notion of “living together”. The court agreed with the French Government’s argument that wearing a veil that concealed a person’s face constituted a significant barrier that could undermine the notion of “living together”.
In finding the ban proportionate to the preservation of the notion of “living together”, the court considered the sanctions imposed by the ban to be the lightest that could be envisaged. Furthermore, the Court acknowledged that there was a lack of common ground between member states of the Council of Europe and that this gave states a wide “margin of appreciation” when legislating in this area.
Click here to read an Irish Times article about the case.