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practices to be contrary to the provisions of the Covenant and has consistently called on States
to abolish them. Surely then, it is contradictory to decide in one case that it is the prohibition
of one such practice, which undermines equality between citizens and the dignity of women,
that contravenes the Covenant, while deciding in another case that it is the practices that
contravene article 18?
7.
A more serious problem must be raised. It concerns the concept of “living together”
championed by France, which led to the adoption of the Act. I entirely disagree with the
Committee that “the concept of ‘living together’ is presented by the State party in very vague
and abstract terms” and that “the State party has not identified any specific fundamental rights
or freedoms of others that are affected”. On the contrary, the preamble to the Act deals fully
with this issue and clearly states that concealment of the face goes against the social contract,
basic good manners and the notions of fraternity and living together. Unfortunately, the
Committee fails to note that the fundamental right that is violated in this instance is not that
of a few individuals, nor of any particular group, but the right of society as a whole to
recognize its members by their faces, which are also a token of our social and, indeed, our
human nature. Contrary to the Committee’s assertions, the concept of living together is
neither vague nor abstract, but rather, precise and specific. It is founded on the very simple
idea that a democratic society can only function in full view of all. More generally, as I have
already suggested, the most basic human communication, preceding language of any other
kind, is conveyed by the face. By totally and permanently concealing our faces in public,
especially in a democratic context, we renounce our own social nature and sever our links
with our peers. To prohibit the wearing of the full-face veil and penalize it with a small fine
is therefore neither excessive nor disproportionate. In this connection, there can be no
comparison between the hijab and the niqab. The two are essentially different.
8.
By considering that “the criminal ban introduced by article 1 of the Act
disproportionately affects the author as a Muslim woman who chooses to wear the full-face
veil and introduces a distinction between her and other persons who may legally cover their
face in public that is not necessary and proportionate to a legitimate interest and is therefore
unreasonable”, the Committee is simply turning rights upside down. It concludes from this
reasoning that article 1 of the Act constitutes a kind of intersectional discrimination based on
sex and religion that violates article 26 of the Covenant. Yet there is no doubt that prohibition
is necessary, if only because of the threat to security (para. 2 above); it is also proportionate,
as shown by the light penalty: a fine of €150 and a course in citizenship, richly deserved
given the seriousness of the infringement of equality between citizens and of the dignity of
women.
9.
Let us now turn to the question of those persons who, unlike women who wear the
full-face veil, are authorized by the Act to cover their faces. This, according to the
Committee’s Views, constitutes discrimination under article 26 of the Covenant. These are
the persons referred to in article 2 (2) of the Act, which establishes exceptions to the
prohibition. Can these exceptions be placed on an equal footing and compared with the
practice of wearing the full-face veil? Is article 2 of the Act discriminatory within the meaning
of article 26? I do not think so. These exceptions, generally speaking circumstantial and
temporary, are for the most part made for recreational, festive, carnival or sporting purposes,
or are required for service or security purposes, in particular road safety. They exist in all
countries and in no way constitute discriminatory symbols or messages likely to trigger
implementation of article 26 of the Covenant, as the full-face veil would.
10.
I conclude that the prohibition of the wearing of the full-face veil and its penalization
by fine, especially in the French context, is neither contrary to article 18 nor to article 26 of
the Covenant.
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