France’s ‘burqa ban’

I

n 2004 the French National Assembly voted

494–36 in favour of banning ‘conspicuous’

religious symbols in schools. While the law

bans Jewish skullcaps, large Christian crosses

and Sikh turbans it was perceived to be directed

at women wearing the veil (burqa). In 2010

an additional law was passed banning face

coverings in public places. Again, this law was

not explicitly directed at Muslims because it

included masks and balaclavas. The penalties for

wearing face coverings are relatively light, but

forcing somebody to wear a face covering is

more severely punished.

An unnamed 24-year-old French citizen of

Pakistani origin brought a case to the European

Court of Human Rights, claiming that the 2010

law violated six articles of the European

Convention on Human Rights (ECHR). Her

lawyers argued it was ‘inhumane and degrading,

against the right of respect for family and

private life, freedom of thought, conscience and

religion, freedom of speech and discriminatory’.

The French government rejected these claims,

repeating the point that it was not directed

specifically at Muslims. In their 2014 judgement

the European judges sided with the French state,

concluding that ‘living together’ was a ‘legitimate

aim’ of the French authorities (Guardian, 1 July

2014).

This debate is interesting because it appears

to put advocates of a restriction on the veil on

the non-liberal side of the debate, and much of

the popular discussion assumes that multi-

culturalism conflicts with liberalism. Public

security is a major argument for a ban, but there

are also paternalistic justifications: Muslim

women are being helped to achieve equality by

restricting their freedom to wear the veil.

Interestingly, French businessman Rachid

Nekkaz has paid many of the fines for prosecuted

women and called for a campaign of civil

disobedience. Although accused of political

opportunism he has claimed to be motivated by

libertarian beliefs (France 24, 19 August 2011).

• What do you think: was France justified in
  passing these laws?

© Jean-Paul Pelissier/Reuters/Corbis