European Human Rights Court Upholds France’s Burqa Ban

July 1, 2014

On Tuesday, July 1 the European Court of Human Rights voted, by a large majority, to uphold France’s ban of the full veil. A young Frenchwoman challenged the law that was instituted in 2010 and which calls for a 150-euro fine for anyone wearing the full veil in public. The decision is largely viewed as a triumph for France and Belgium, which are the only two countries in Europe to institute such legislation. The victory gives other countries the right to enact similar laws.

The French government had argued that the ban was in the interest of public safety and in support of women who may be forced to wear the full veil. However, many critics contend that the law is discriminatory and targets Muslims and religious minorities, violating the principles of freedom of religion and freedom of expression. In response to the ruling Elsa Ray, spokeswoman for the Muslim advocacy group CCIF argued, “Some people now feel entitled to attack women wearing the veil even though the infringement is no more severe than, say, a parking ticket.”

The law was challenged by a woman only identified by her initials, S.A.S., who decided to wear either a niqab or a burqa without any pressure from her family. S.A.S. contends that the French ban constituted a violation of her religious freedom, and could potentially lead to “discrimination and harassment.”

The French government argued, “showing one’s face in public was one of the ‘minimum requirements of life in society.’” The court decided that the ban cannot be justified as a public safety measure or as a protector of women’s rights, but that “the barrier raised against others by a veil concealing the face was perceived by the respondent state as breaching the right of others to live in a space of socialization which made living together easier.”

The highly contentious decision, which cannot be appealed, has already sparked protests from several groups. James Goldstone, executive director of the Open Society Justice initiative, filed a third-party intervention on the ruling and said, “Coming at a time when hostility to ethnic and religious minorities is on the rise in many parts of Europe, the court’s decision is an unfortunate missed opportunity to reaffirm the importance of equal treatment for all and the fundamental right to religious belief and expression.” He continued, “The majority has failed adequately to protect the rights of many women who wish to express themselves by what they wear.”

However, a spokesman for the French foreign ministry confirmed that the government viewed the ruling as a success because it “reflected France’s commitment to gender equality.”