European Court of Human Rights upholds French burka ban

European Court of Human Rights upholds French burka ban

France's controversial ban on face coverings does not infringe Muslim women's rights and is justified in interests of social cohesion, Strasbourg court finds

French authorities claim the wearing of religious veils is degrading to women Photo: REUTERS     By Rory Mulholland, Paris

12:30PM BST 01 Jul 2014

The European Court of Human Rights has upheld France's ban on wearing a burka or a niqab in public, ruling that the 2010 law on religious headgear does not breach Muslim women’s human rights.

The Strasbourg court ruled in the case brought by a devout French Muslim that there had been no violation of her right to respect for private and family life, no breach of her right to freedom of thought, conscience and religion, and no breach of the prohibition of discrimination.

France has both the largest Muslim community in western Europe, estimated at around five million, and some of the continent's most restrictive laws about expressions of faith in public.

It was the first European country to pass a law banning veils that conceal the face in public. Belgium later followed suit.

The French law, which carries a fine of €150 or lessons in French citizenship for those found wearing a veil in public, was brought in under conservative ex-president Nicolas Sarkozy and is backed by the current Socialist administration of President François Hollande.

Authorities say religious veils are degrading to women, an affront to France's secular traditions, and a security risk as they prevent the accurate identification of individuals.

The European court accepted the French government’s argument that the veil ban was justified in the interests of social cohesion, but dismissed the argument of public safety, stating that a full ban would not have been required to achieve that aim.

The plaintiff, identified only by her initials SAS, had described herself as a 24-year-old woman who is a "devout Muslim and she wears the burqa and niqab in accordance with her religious faith, culture and personal convictions".

She insisted that "neither her husband nor any other member of her family puts pressure on her to dress in this manner".

The plaintiff was represented by a law firm based in the British city of Birmingham -- where she has family connections - specialising in immigration and human rights. Her lawyer has said she did not "feel comfortable" using a French lawyer.

The ban has sparked tensions within France's Muslim community. There were riots in the Paris suburb of Trappes last summer after a man was arrested for allegedly attacking a police officer who stopped his wife for wearing a full-face veil.

Souad, a 21-year-old Muslim from the Paris region who wears a full face veil, said she wasn't surprised by the European court’s ruling.

She said she has had to severely curtail her social and professional life since the French law came into effect, avoiding going out in public as much as she possibly can.

“I can no longer walk down the Champs Elysees like anyone else,” she said.

The judgment was criticised by James A. Goldston, executive director of the Open Society Justice Initiative, as a failure to protect women's rights.

"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. The majority has failed adequately to protect the rights of many women who wish to express themselves by what they wear," he said.

The ruling by the Strasbourg court came just days after one of France's highest courts upheld the dismissal of a kindergarten worker for wanting to wear a headscarf to work.

Religious symbols such as headscarves, crucifixes, or Jewish skullcaps are banned from state schools in France.  http://www.telegraph.co.uk/news/worldnews/europe/france/10937868/European-Court-of-Human-Rights-upholds-French-burka-ban.html