header-logo header-logo

Burqa & niqab ban upheld

02 July 2014
Issue: 7613 / Categories: Legal News
printer mail-detail

ECHR rules that French law does not violate human rights

The French ban on the full-face veil is lawful, the European Court of Human Rights has held.

In S.A.S v France App no 43835/11, the court ruled by a majority that there had been no violation of Art 8 (right to respect for private and family life) or Art 9 (right to respect for freedom of thought, conscience and religion). It unanimously held there had been no violation of Art 14 (prohibition of discrimination).

The court emphasised that respect for the conditions of “living together” was a legitimate aim, and that the state had a wide margin of appreciation. It noted that the sanctions for wearing the veil were small and that the ban was not against religious garments but solely against concealing the face. It dismissed as inadmissible the applicant’s complaints under Art 3 (inhuman or degrading treatment) and Art 11 (freedom of assembly).

S.A.S. is a French national and devout Muslim. She wears the burqa (a full-body garment with a mesh over the face) and niqab (a full-face veil with an opening only for the eyes). Under French legislation in force from April 2011, it is prohibited for anyone to conceal their face in a public place. 

Barrister Tony Muman, of 43 Temple Row, who acted for S.A.S, says the judgment is “disappointing” but that the court did “reject the French government’s suggestion that her Art 8 and 9 rights were not engaged”. 

“They also reject the government’s justification based on gender equality and public safety measures and reminds us of the importance of tolerance and pluralism. Ultimately the court has taken the view (not unanimously) that the state has a wide margin of appreciation and that the ban was a proportionate measure to the aims of ‘living together’ and ‘protecting the rights and freedoms of others’.” 

 

Issue: 7613 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll