Monday, October 20 2014

Liberty to intervene in France burqa-ban case at ECHR


The human rights campaign group, Liberty has announced that it is to intervene in a case before the European Court of Human Rights on the prohibition of face-veiling in France.

From the Liberty press release:

“Today Liberty announced it is intervening in the European Court of Human Rights case concerning the criminalisation of face coverings in France.

“The so-called ‘burqa ban’ – which came into force last year – outlaws French citizens from covering their faces in public spaces in France. A Muslim woman, known as S.A.S., filed an application to the European Court opposing the law on the day it was introduced.

“Liberty has now intervened in the case, S.A.S. v France, which has major potential repercussions for freedom of religion and freedom of expression – not just in France but here in the UK and across Europe. In July 2010 Philip Hollobone MP tabled a Private Members Bill which would have outlawed face coverings in public in the UK. But Communities Secretary Eric Pickles has described the French law as “incomprehensible” and asserted that the British government has no intention to follow suit.

“Liberty argues that the burqa ban breaches Article 8 (right to a private life), 9 (freedom of religion), 10 (freedom of expression) and 14 (no discrimination) of the European Convention on Human Rights.

“The penalty is a 150-euro fine and/or a ‘citizenship course’ – suggesting its wearing is a sign of being ‘non-French’. Some of the language surrounding the debate over the ban in France has proved alarmingly inflammatory and racist.

“The French Government has tried to justify the law by claiming the ban actually prevents Muslim women from being ‘cut off’ from others, bolsters public safety and increases equality between men and women. But in reality it prevents Muslim women from expressing their beliefs through Islamic dress. While there may be security concerns over facing coverings these would be better tackled with less intrusive measures – relevant French law relating to identity checks, for example, is already in place. And while promoting equality is essential, penalising women for expressions of faith does not promote equality – it undermines basic dignity.

“Corinna Ferguson, legal officer for Liberty, said: “Wearing the full veil may be considered demeaning by some but for many women it’s a precious symbol of their faith.

““Such controversy is hardly resolved by imprisoning at home those women who feel compelled to wear the burqa or niqab. This blanket, discriminatory and disproportionate ban only serves to fuel the flames of Islamaphobia spreading across Europe.””


The Commissioner for Human Rights at the Council of Europe. Thomas Hammarberg, has warned previously that bans on face-veiling may contravene the European Convention on Human Rights. In a report recently published on the ‘anti-burqa movement in western Europe’ the bans are described as “political swine-flu”. Moreover, research produced by the University of Leicester found that the ban on face-veiling in France had increased hostility towards veiled Muslim women elsewhere, including in the UK.

The outcome of the case at the ECHR could lay the precedent for challenging the legality and implementation similar legislation, or plans for introducing such legislation across Europe, including in Belgium, Spain, Italy, the Netherlands and Scandinavia.









Last Updated on Friday, 25 May 2012 15:12

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