CCPR/C/123/D/2747/2016
religious reasons, the prohibition may be seen as a “restriction” on the freedom to manifest
one’s religion or belief (external forum).
7.6
The State party submits that, in this case, the restriction in question is prescribed
by law, has a legitimate objective and is proportionate in the pursuit of that legitimate
objective. The ban and the exceptions thereto are laid down in clear and precise terms. The
State party adds that a circular of 2 March 2011 provides a comprehensive explanation of
the scope and the implementing arrangements of the Act, accompanied by an information
campaign in public places, the distribution of leaflets in administrative premises and an
educational website. The State party further stresses that the Act provided for a period of
six months between its enactment and its entry into force; therefore it met the requirement
of foreseeability and the author knew that she risked a penalty.
7.7
The legitimate objectives of the contested law are the protection of the rights and
freedoms of others and the protection of public order, which are objectives set forth in
article 18 (3) of the Covenant. According to the State party, these aims are clearly defined
in the statement of purpose of the Act, which reaffirms the values of the Republic and the
requirements of living together. In this regard, the European Court of Human Rights, in its
judgment in the case of S.A.S. v. France, found that the prohibition could be justified only
insofar as it sought to guarantee the conditions for “living together”, described by the
Government of France as respect for the minimum requirements of life in society. The State
party argues that public spaces are the main place in which social life happens and people
come into contact with others. In such social interactions, the face plays a significant role,
since it is the part of the body that reflects one’s shared humanity with an interlocutor.
Showing one’s face not only signals a person’s readiness to be identified as an individual
by the other party, but also not to unfairly conceal the frame of mind in which they interact
with him or her, and is thus a manifestation of the minimum degree of trust that is essential
for living together in an egalitarian and open society such as France. The concealment of
the face prevents the identification of the person and is likely to impair interaction between
individuals and undermine the conditions for living together in diversity.
7.8
The State party submits that to ensure public safety and public order it must be
able to identify all individuals when necessary in order to avert threats to the security of
persons or property and to combat identity fraud. That implies that people reveal their faces,
a requirement that is all the more crucial in the context of the global threat of terrorism. 16
7.9
The State party contests the claim that the Act forbids Muslim women from
manifesting their religious beliefs through the wearing of the veil and stresses that it
prohibits only the full concealment of the face, regardless of the motive for doing so, and
allows any individual to wear in public clothes intended to express a religious belief, such
as headscarves or turbans, provided that they reveal the face. The problem here is very
different to that relating to the wearing of religious symbols by civil servants in the exercise
of their duties and the wearing of such symbols in schools, which concern the requirement
that the public service must be neutral. In the present instance, the prohibition is not based
on the religious connotation of the clothes in question, but on the simple fact that they fully
conceal the face. Only the extremely radical form of clothing, which results in the public
effacement of the person, is affected. It would not be difficult for the author to access the
public space wearing a veil that would demonstrate her religious beliefs without concealing
her face. In addition, the Constitutional Council has clarified that the prohibition should not
restrict the exercise of religious freedom in places of worship open to the public. Therefore,
the measure is proportionate to the objective pursued and the State party has not exceeded
its margin of appreciation in the present case, as stated by the European Court of Human
Rights in the aforementioned case of S.A.S. v. France. Moreover, the Court of Cassation
ruled in a judgment of 5 March 2013 that the Act was in conformity with article 9 of the
European Convention on Human Rights (freedom of thought, conscience and religion).
Lastly, the State party notes that the penalties provided in the Act, a maximum fine of 150
16
The State party cites the Committee’s Views in the case of R. Singh v. France, para. 8.4, in which the
Committee recognized the State party’s need to ensure and verify, for the purposes of maintaining
security and public order, that the person appearing in the photograph on a residence permit was the
rightful holder of that document.
9