French Veil Ban is Upheld by European Court

A case brought by a 24-year old French woman, simply known as SAS, who argued that the ban on wearing the Muslim full-face veil – the niqab violated her freedom of religion and expression was turn down by the European Court of Human Rights as the court upheld the ban by France.

France law says nobody can wear in public space clothing intended to conceal the face. A penalty of 150-euro fine (£120; $205) was placed for doing so. The law came into effect in 2010 under former President Nicolas Sarkozy.

The court ruled that the ban “was not expressly based on the religious connotation of the clothing in question but solely on the fact that it concealed the face.”

The court statement said the ruling also “took into accounts the state’s submission that the face played a significant role in the social interaction.

“The Court was also able to understand the view that individuals might not wish to see, in places open to all, practices or attitudes which would fundamentally call into question the possibility of open interpersonal relationships, which, by virtue of an established consensus, formed an indispensable element of community life within the society in question.”

But how many women actually wear burkas or niqabs? And where in the world is it banned?

Critics of the ruling point out that, in Europe, only a tiny fraction of Muslims choose to wear it – an estimated 400 women in France, 200 in the Netherlands, and 30 in Belgium. It is banned in all those countries.

But in Muslim-majority nations such as Afghanistan and Saudi Arabia it is worn by almost all women when venturing out in public.

The Court in Strasbourg said that the ruling did not set a precedent, because all countries would bring about laws in their own way and with reference to their own history and culture.

But it has certainly revived the debate about the wearing of burkas worldwide.

The niqab is (Arabic)“veil” or “mask” also called a ruband. It’s a cloth which covers the face as a part of sartorial hijab. It is worn by some Muslim women in public areas and in front of non-mahram adult males.