CCPR/C/123/D/2807/2016
are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a
discriminatory manner.26
7.5
In the present case, the Committee notes that it is not disputed that the ban on wearing
the niqab falls clearly within the scope of the Act, as set out in article 1 thereof. It is therefore
incumbent upon the Committee to assess whether this restriction, which is provided for by
law, pursues a legitimate objective, is necessary to achieve that objective and is proportionate
and non-discriminatory.
7.6
The Committee notes that the State party has put forward two objectives that are
purportedly pursued by the Act, namely, the protection of public safety and public order and
the protection of the rights and freedoms of others.
7.7
With respect to protection of public safety and order, the State party contends that it
must be possible to identify all individuals when necessary, in order to prevent threats to the
security of persons and property and to combat identity fraud. The Committee recognizes the
need for the State party, in certain circumstances, to require individuals to reveal their face,
which could entail on occasion uncovering their face in the specific circumstances of a risk
to public safety or order or for identification purposes. 27 The Committee observes, however,
that the Act is not limited to such contexts, but comprehensively prohibits the wearing of
certain face coverings in public at all times, and that the State party has not demonstrated
how wearing the full-face veil in itself poses a threat to public safety or public order that
would justify such an absolute ban. Nor has the State party provided any public safety
justification or explanation for why covering the face for certain religious purposes – namely,
the niqab – is prohibited, while covering the face for numerous other purposes, including
sporting, artistic and other traditional and religious purposes is allowed. The Committee
further observes that the State party has not described any specific context, or given any
example, in which there was a real and significant threat to public safety or public order that
would justify such a blanket ban on the full-face veil. Nor does the existence of such a threat
appear to be mentioned in the preamble to the Act or in the National Assembly resolution of
11 May 2010, which preceded the adoption of the law.
7.8
Even if the State party could demonstrate the existence of a real and meaningful threat
to public safety and public order in principle, it has not demonstrated that the ban set out in
the Act is proportionate to that objective, in particular in view of the numerous exceptions to
the Act and its considerable impact on the author as a Muslim woman wearing the full-face
veil. Nor has it attempted to demonstrate that the ban was the least restrictive measure
necessary to ensure protection of freedom of religion or belief.28
7.9
With regard to the second objective presented by the State party, understood as the
protection of the fundamental rights and freedoms of others under article 18 (3), the
Committee notes the State party’s argument based on the concept of “living together”, or
observance of the minimum requirements of life in society. According to the State party,
showing one’s face indicates agreement to be identified by one’s interlocutor and not to
“unfairly” conceal one’s state of mind, this being the “minimum level of trust required to live
together in an open and egalitarian 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 a
statement of purpose. The Committee recognizes that a State may have an interest in
promoting sociability and mutual respect among individuals in its territory and, in this context,
social interaction among individuals in all their diversity and thus that concealment of the
face could be seen as a potential obstacle to such interaction.
7.10 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. The exceptions in article 18 (3) are to be interpreted strictly and not
applied in the abstract.29 In this case, the Committee observes that the concept of “living
together” is a very vague and abstract term. The State party has not identified any specific
26
27
28
29
Ibid.
See the judgment to this effect in S.A.S. v. France, para. 139.
E/CN.4/2006/5, para. 58.
General comment No. 22 (1993), para. 8.
11