CCPR/C/123/D/2807/2016
The concealment of the face prevents the identification of a person and is liable to impair the
interaction between individuals and undermine the conditions for living together in a diverse
society.
5.8
Public safety and public order require that everyone can be identified if need be, in
order to prevent attacks on the security of persons and property and to combat identity fraud.
This implies that people must show their faces, which is vital in the context of the
international terrorist threat.15
5.9
The State party rejects the characterization of the Act as prohibiting Muslim women
from manifesting their religious beliefs by wearing the veil and specifies that it only prohibits
total concealment of the face, regardless of the reason, and allows any person in a public
space to wear clothing intended to express a religious belief, such as a headscarf or turban,
provided that it reveals the face. The problem here is quite different from that related to the
wearing of religious symbols by public officials in the context of public service, or wearing
them at school, where the neutrality of the public service is at stake. In the case in point, the
ban is not based on the religious connotations of the articles of clothing concerned but solely
on the fact that they conceal the full face. Only “the most radical form of clothing that makes
the person invisible in public is affected”. The author can easily access public space wearing
a headscarf, which would manifest her religious beliefs without concealing her face. In
addition, the Constitutional Council has stated that the ban could not restrict the exercise of
religious freedom in places of worship open to the public. Therefore, the measure is
proportionate to its purpose and the State party has not exceeded its margin of appreciation
in the present case, as confirmed by the European Court of Human Rights in the above-cited
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 accordance with article 9 of the European Convention on Human
Rights (on freedom of thought, conscience and religion). Lastly, the sanctions provided for
by the Act – at most, the fine for category two offences (€150) – are modest and proportionate
to the objectives pursued. With regard to the alternative sanction, a citizenship course, this is
a classic penalty under French criminal law that is applicable to many offences. It serves to
remind offenders about the republican values of tolerance and respect for human dignity and
to make them aware of their criminal and civil responsibilities and their duties as members
of society.
5.10 In a circular dated 31 March 2011 addressed to prefects, the Prime Minister clarified
the procedure to be followed by the police and gendarmerie when dealing with an offender,
and pointed out that the Act in no way authorized officers to compel persons to uncover
themselves. One cannot therefore speak of a disproportionate restriction of a person’s
freedom of religion.
5.11 With regard to the author’s claim of a violation of articles 12 and 26 of the Covenant,
the author has failed to establish that the ban put in place by the Act targets only women who
wear the full-face veil or that persons concealing their faces by some other means would not
be apprehended. On the contrary, the Act provides for a general ban, does not target any
specific article of clothing and makes no distinction between men and women. Moreover, the
ban provided for by the Act cannot be construed as inherently discriminatory or prejudicial
to freedom of movement, since there is an objective and reasonable justification for it.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
determine, in accordance with rule 93 of its rules of procedure, whether it is admissible under
the Optional Protocol.
15
8
The State party cites the Committee’s Views in the case of Ranjit Singh v. France, para. 8.4, in which
the Committee recognized the State party’s need to ensure and verify, for the purposes of public
safety and order, that the person appearing in the photograph on a residence permit was in fact the
rightful holder of that document.