France: European rights court upholds French 'burqa ban'

France’s law banning women from wearing face-covering veils in public is not discriminatory, the European Court of Human Rights ruled on Tuesday.BURKA

The court’s decision follows a case brought by a 24-year-old French woman of Pakistani origin, described as a “perfect French citizen”, argued that the ban violated her rights to freedom of religion, expression and assembly, and was discriminatory.

The woman, identified only by her initials SAS, said that being forced to take off her veil in public constituted “degrading treatment” and also was an attack on her private and family life.

In written evidence, SAS – who did not appear – testified that she was not forced to wear a burqa and that she was willing to remove it whenever required for security reasons, directly addressing the French authorities’ two main arguments in favour of the ban.

France’s law banning women from wearing face-covering veils in public is not discriminatory, the European Court of Human Rights ruled on Tuesday.

The court’s decision follows a case brought by a 24-year-old French woman of Pakistani origin, described as a “perfect French citizen”, argued that the ban violated her rights to freedom of religion, expression and assembly, and was discriminatory.

The woman, identified only by her initials SAS, said that being forced to take off her veil in public constituted “degrading treatment” and also was an attack on her private and family life.

In written evidence, SAS – who did not appear – testified that she was not forced to wear a burqa and that she was willing to remove it whenever required for security reasons, directly addressing the French authorities’ two main arguments in favour of the ban.

Women ‘stigmatised’

Her appeal to the court was supported by international human rights group Amnesty International, which told FRANCE 24 before the ruling that France’s law “only served to stigmatise women, and Muslim women in particular”.

“The argument that the law protects women has no foundation,” said Amnesty’s President Geneviève Garrigos. “Many [Muslim] women wear veils of their own free will.

“The state does not exist to tell people how they should dress. Rather, it should allow them to make their own choices.”

Garrigos argued that while the law ostensibly targets all face-covering garments – religious or not – it was a mere “façade” hiding legislation specifically targeting Muslim women.

“Everyone knows this law wasn’t created to stop people walking in the streets wearing motorcycle helmets,” she said. “If everyone had to be recognizable by security services all of the time, they should ban anything that hides facial features, including wigs and fake beards.”

“People must accept that they might have their identity controlled by the police,” she added. “Women who wear burqas and other full veils submit voluntarily to this.”

French ban on all religious symbols in schools

The hearing comes just days after one of France’s highest courts upheld the 2008 sacking of Fatima Afif, a worker at a kindergarten in the Paris suburbs, for wanting to wear a headscarf to work.

Overt religious symbols – headscarves, crucifixes, Jewish skullcaps and Sikh turbans, for example – are banned from French state schools, which operate on strictly secular lines.

Many Muslims view France, which is officially a secular republic despite being overwhelmingly Catholic, as imposing its values on them and other religious minorities.

France has one of the biggest Muslim populations in Europe. Beyond the veil issue, there has been controversy in the past over whether schools and holiday camps should be required to provide halal food to Muslim children.

SOURCE: http://www.france24.com/en/20140701-european-court-france-burqa-ban/

2 replies

  1. The Quran tells us that it is best to follow the Prophets Sunnah. So if the wives wore hijab/ niqab & they were the best of woman & the prophet pbuh had a beard which is the best man ever to live then why wouldn’t u want to follow the best people? And if u believe in the Quran it tells u numerous times to follow the prophets Sunnah so it’s your own personal choice whether to do it or not!!! Unfortunately some sisters don’t present the hijab in the best way but there are many sisters out there that are trying there best to be modest in there dress & behaviour in this evil society we live in. If you are truly a Muslim sister you will support your sisters with the hijab and not state by wearing the hijab we are covering our religion & our character from the rest of the world. Because this statement is completely not true I can put a covering on my head but not on my character!!
    Unless your talking about the niqab? Which is the full face covering that yr talking about! But even though I don’t wear niqab I still choose to support these sisters because this is a choice they’ve made and I don’t feel that the niqab changes they’re character but rather they’re facial expressions while communicating!!

    Wearing a hijab for these women represents what it is…modesty. Any rejection or provocation comes from bigotry. It is exactly the same as the thought that a woman in a mini skirt who gets raped asked for it. The modest head-covering which you see on statues and pictures of Mary, and that Christian women wore for centuries, and many still do, particularly orders of religious sisters? The most ironic thing about this, is that, Mary the mother of Jesus is always portrayed wearing a hijab, and further, the Bible contains a command instructing believing women to “cover their head or shave off their hair! ” The head covering the Jewish women were required to wear is different from the head covering Muslim women are required to wear. I think they symbolized different things maybe. Please look at it and tell me what the difference in level of covering between Virgin Mary’s clothing and the hijab? In all three religions it symbolizes the same thing 1 obedience to God’s commands 2 Modesty and respect to women.

    People are offended by people walking down the road in head to toe bin bags. It’s spooky. You have the right to feel offended. You do not have the right to stop them doing it.

    It is socially acceptable to be openly racist towards Muslims in this country. Legally not so because more and more Muslims are standing up to this fascism and rightfully so. What, values like stripping down to get sunburned on the beach and drinking to excess on a Friday night out? Why don’t you just wear what you want and allow other people to wear what they want? The right to wear what you want is not a special privilege. Its a basic democratic right and one that you yourself enjoy. No one tells you what you can or cannot wear. Why do you think you can tell others what they should wear?

    These racist just don’t like being pointed out and don’t like to be exposed when challenged! So all in all, this university wanted to make a rule for less than 1% of the population who (I assume) aren’t causing any big disturbances or anything? In regard of safety/terror issues, I’d be more worried about backpacks, but I doubt those will be banned in an university setting. Ban on Burqa/ Niqab is against religious-***-human rights of Muslim Women in Europe. Those who support ban on veil are Islamophobic.

    We live in a world were women are paid to be naked and fined to be covered, unbelievable! Sisters if you want to wear the niqab you do that. Inshallah you are rewarded for your efforts and commitment in the hereafter. A woman should be free to wear what she likes, if you going to ban a woman for covering up herself, please also ban woman that fail to cover up. The only people who will suffer are Muslim women. A ban would be unjust. One of the best things about this country is its tolerance. Let us remain tolerant.
    IA
    London School of Islamics Trust

  2. Muslims should adopt the middle course in all matters. The dress matter is described in the Quran. But it is not stressed to be adopted as much as other important things. The Prophet s.a.w.s. also did not preach much about it.
    The changed situation of the present day world demands some changes.
    If a lady has make up, then she may partially hide her face from general public (men) and be on her way. Otherwise, she may appear in public with her face visible. This is necessary due to serious requirements of security.
    We must understand that covering the face and full body will not make us more pious. The piety will come with limited coverage of body and the Eiman or conviction of our faith. Quran has also described as “Libaas at taqwa”.
    [7:27, O children of Adam! We have indeed sent down to you raiment to cover your shame, and to be an elegant dress; but the raiment of righteousness — that is the best. That is one of the Signs of Allah, that they may remember. ]
    The main purpose of the dress is to cover our shameful parts and to look elegant. And the dress of Taqwa is better… Dress is a distinction between animals and mankind.

    There is no need to follow the ideals of the west which are harmful to Muslims.
    A balance is to be struck between the veil (pardah) of the heart and the veil of dress (combined).

Leave a Reply