ISLAMIC VEILS

Does a state ban on full-face veils breach a citizen's human rights, if the person concerned wishes to wear such a veil for religious reasons? That was the question before the European Court of Human Rights in Strasbourg in a case brought by a 24-year old French woman. Under French law, nobody can wear clothing (a veil or anything else) in a public place, if it is intended to conceal the face. Although France is fiercely secular, the ban had nothing to do with religion, but was introduced in 2010 because of security concerns. Similar bans have since been introduced in Belgium, and in some towns in Spain and Italy.

The case was an important one, not least because France has the largest Muslim minority population in Western Europe, at around 5 million. That's a lot of people. However, there are many forms of the hijab, the Arabic headscarf worn by Muslim women, and only a very small minority, perhaps a couple of thousand, wear either the niqab (which leaves just the eyes clear) or the burka (which covers the face completely). Still, one of the points of human rights is to protect minority views, so the numbers involved are not really the point.

This week the judges sided with France. They found that although the ban affected veils worn for religious purposes, it was introduced solely to prevent concealment of the face (albeit with exceptions, such as motorbike helmets). That was a genuine societal aim, which included both potential security risks and a desire for openness in interpersonal relationships; and the ban was a proportional response to that aim.
 
Devout Muslims will be disappointed with the ruling, from which there is no appeal. However, it is yet another example of a human rights case, which is less a matter of one person's rights and more a balance of rights. In this instance, the balance between religion and security in a modern society.

Walter Blotscher