CCPR/C/123/D/2747/2016
society”. The Committee also notes the author’s claim that the legislature did not clearly
define such an objective, either in the Act itself or in the statement of purpose. The
Committee recognizes it may be in a State’s interest to promote sociability and mutual
respect among individuals, in all their diversity, in its territory, and thus that the
concealment of the face could be perceived as a potential obstacle to such interaction.
8.10
However, the Committee observes that the protection of the fundamental rights
and freedoms of others requires identifying what specific fundamental rights are affected,
and the persons so affected. Article 18 (3) exceptions are to be interpreted strictly and not
applied in the abstract.22 In the present case, the Committee observes that the concept of
“living together” is very vague and abstract. The State party has not identified any specific
fundamental rights or freedoms of others that are affected by the fact that some people
present in the public space have their face covered, including fully veiled women. Nor has
the State party explained why such rights would be “unfairly” obstructed by wearing the
full-face veil, but not by covering the face in public through the numerous other means that
are exempted from the Act. The right to interact with any individual in public and the right
not to be disturbed by other people wearing the full-face veil are not protected by the
Covenant and therefore cannot provide the basis for permissible restrictions within the
meaning of article 18 (3).
8.11
Even assuming that the concept of living together could be considered a
“legitimate objective” in the sense of article 18 (3), the Committee observes that the State
party has failed to demonstrate that the criminal ban on certain means of covering of the
face in public, which constitutes a significant restriction of the rights and freedoms of the
author as a Muslim woman who wears the full-face veil, is proportionate to that aim, or that
it is the least restrictive means that is protective of religion or belief.
8.12
In the light of the foregoing, the Committee considers that the State party has
failed to demonstrate that the limitation of the author’s freedom to manifest her religion or
beliefs, through the wearing of the niqab, was necessary and proportionate within the
meaning of article 18 (3) of the Covenant. The Committee therefore concludes that the ban
introduced by Act No. 2010-1192 and the conviction of the author under said Act for
wearing the niqab violated the author’s rights under article 18 of the Covenant.
8.13 As to the author’s claims under article 26 of the Covenant, namely that the law in
question had the effect of indirectly discriminating against the minority of Muslim women
who wear the full-face veil, the Committee notes the State party’s argument that the
prohibition introduced by the Act is not based on the religious connotation of the clothes in
question, but on the fact that they conceal the face. According to the State party, only “the
extremely radical form of clothing, which results in the public effacement of the person” is
affected, meaning that for the author “it would not be difficult to access the public space
wearing a veil that would demonstrate her religious beliefs without concealing her face”.
The Committee notes, however, that the French National Assembly, in its resolution on the
commitment to uphold republican values in the face of the development of radical practices
that undermine them, considers that “radical practices detrimental to human dignity and
equality between men and women, including the wearing of a full-face veil, are contrary to
the values of the Republic” and that it would like “the fight against discrimination and the
promotion of equality between men and women to be priorities of public policy”. The
Committee further observes that Act No. 2010-1192, despite being drafted in general terms,
includes exceptions for most contexts of face-covering in public, thus limiting the
applicability of the ban to little more than the full-face Islamic veil, and that the Act has
been primarily enforced against women wearing the full-face veil. Hence, from the text of
the Act, the debate preceding its adoption and its implementation in practice, the
Committee observes that the Act is applied mainly to the full-face Islamic veil, which is a
form of religious observance and identification for a minority of Muslim women.
8.14 The Committee recalls its general comment No. 22 (para. 2), in which it viewed with
concern any tendency to discriminate against any religion or belief for any reason,
including the fact that they represented religious minorities that could be the subject of
22
12
General comment No. 22, para. 8.