CCPR/C/123/D/2747/2016
vote) by the National Assembly and Senate after a wide-ranging democratic debate. A
parliamentary task force was set up involving elected representatives from across the
political spectrum, which proceeded to hear many persons of diverse opinions, including
both Muslim and non-Muslim women and persons from civil society (para. 5.1).1 On 11
May 2010 — prior to the adoption of the law — the National Assembly adopted a
resolution in which it said that radical practices detrimental to human dignity and equality
between men and women, including the wearing of a full-face veil, were contrary to the
values of the Republic, and called for the implementation of all possible measures to ensure
the effective protection of women subjected to violence or pressure, including by being
forced to wear a full-face veil (para. 5.2).2
9.
The general ban introduced by the Act is limited in scope, given that only the
concealment of the face is prohibited. Sanctions are measured, lawmakers having
prioritized the role of education (para. 5.3).3 The ban covers any article of clothing intended
to conceal the face in public spaces, regardless of the form it takes or the reason for wearing
it (para. 5.5),4 and does not target any specific article of clothing and makes no distinction
between men and women (para. 5.11). 5 Therefore, no special treatment is reserved for
garments worn for religious or cultural reasons and only the most radical form of clothing
that makes the person invisible in public is affected. The ban cannot restrict the exercise of
religious freedom in places of worship open to the public (para. 5.9). 6 Exemptions from the
Act include clothing worn for health or professional reasons, part of sporting, artistic, or
traditional festivities or events, including religious processions, or that otherwise is legally
authorized (para. 7.2),7 which confirm the general and reasonable character of the ban. A
circular of 2 March 2011 provided a comprehensive explanation of the scope and
modalities for the application of the law, complemented by a campaign in public places and
a leaflet available in government offices, as well as an educational website. Moreover, the
law provided for a period of six months from the time of its enactment to its entry into force
to meet the predictability requirement (para. 5.6).8
10.
The Act pursues a legitimate aim, the protection of the rights and freedoms of others
and the protection of public order, as clearly defined in the Act’s statement of purpose,
which reaffirms the values of the Republic and the requirements of living together (para.
5.7).9 The European Court of Human Rights, in its judgment in S.A.S. v. France, accepted
the observance of the minimum requirements of life in society as part of the protection of
the rights and freedoms of others, and so concluded that the ban imposed was proportionate
to the aim pursued (paras. 140–159).
11.
Public safety and public order require that everyone can be identified if need be, to
prevent attacks on the security of persons and property and to combat identity fraud. This
implies that people must show their faces, a vital concern in the context of current
international terrorist threats (para. 5.8).10 The Committee, failing to address the underlying
problem properly, does not seem to have sufficiently weighed this last requirement (para.
7.7).11
12.
It is true that the Court in the S.A.S. judgment dismissed the argument that the ban
was necessary, in a democratic society, for public safety, since “a blanket ban on the
wearing in public places of clothing designed to conceal the face can be regarded as
proportionate only in a context where there is a general threat to public safety” (para. 139).
However, since the judgment was delivered, France has experienced several terrorist
attacks by Al-Qaida and Islamic State in Iraq and the Levant: Île-de-France in January 2015
1
2
3
4
5
6
7
8
9
10
11
Para. 7.1 in Yaker v. France.
Ibid., para. 7.2.
Ibid. para. 7.3.
Ibid. para. 7.5.
Ibid., para. 7.11.
Ibid., para. 7.9.
Ibid., para. 8.2.
Ibid., para. 7.6.
Ibid., para. 7.7.
Ibid., para. 7.8.
Ibid., para. 8.7.
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