CCPR/C/123/D/2807/2016 by the National Assembly and Senate after a wide-ranging democratic debate. A parliamentary task force was set up involving elected representatives from across the political spectrum, which proceeded to hear many persons of diverse opinions, including both Muslim and non-Muslim women and persons from civil society (para. 5.1).1 On 11 May 2010 – prior to the adoption of the law – the National Assembly adopted a resolution in which it said that radical practices detrimental to human dignity and equality between men and women, including the wearing of a full-face veil, were contrary to the values of the Republic, and called for the implementation of all possible measures to ensure the effective protection of women subjected to violence or pressure, including by being forced to wear a full-face veil (para. 5.2).2 9. The general ban introduced by the Act is limited in scope, given that only the concealment of the face is prohibited. Sanctions are measured, lawmakers having prioritized the role of education (para. 5.3).3 The ban covers any article of clothing intended to conceal the face in public spaces, regardless of the form it takes or the reason for wearing it (para. 5.5),4 and does not target any specific article of clothing and makes no distinction between men and women (para. 5.11).5 Therefore, no special treatment is reserved for garments worn for religious or cultural reasons and only the most radical form of clothing that makes the person invisible in public is affected. The ban cannot restrict the exercise of religious freedom in places of worship open to the public (para. 5.9).6 Exemptions from the Act include clothing worn for health or professional reasons, or as part of sporting, artistic or traditional festivities or events, including religious processions, or that otherwise is legally authorized (para. 7.2), 7 which confirm the general and reasonable character of the ban. A circular of 2 March 2011 provided a comprehensive explanation of the scope and modalities for the application of the law, complemented by a campaign in public places and a leaflet available in government offices, as well as an educational website. Moreover, the law provided for a period of six months from the time of its enactment to its entry into force to meet the predictability requirement (para. 5.6).8 10. The Act pursues a legitimate aim, the protection of the rights and freedoms of others and the protection of public order, as clearly defined in the Act’s preamble, which reaffirms the values of the Republic and the requirements of living together (para. 5.7).9 The European Court of Human Rights, in its judgment in S.A.S. v. France, accepted the observance of the minimum requirements of life in society as part of the protection of the rights and freedoms of others and so concluded that the ban imposed was proportionate to the aim pursued (paras. 140–159). 11. Public safety and public order require that everyone can be identified if need be, to prevent attacks on the security of persons and property and to combat identity fraud. This implies that people must show their faces, a vital concern in the context of current international terrorist threats (para. 5.8).10 The Committee, failing to address the underlying problem properly, does not seem to have sufficiently weighed this last requirement (para. 7.7).11 12. It is true that the European Court of Human Rights, in its judgment in the S.A.S. v. France case, dismissed the argument that the ban was necessary in a democratic society for public safety, since “a blanket ban on the wearing in public places of clothing designed to conceal the face can be regarded as proportionate only in a context where there is a general threat to public safety” (para. 139). However, since the judgment was delivered, France has experienced several terrorist attacks by Al-Qaida and Da’esh: Île-de-France in January 2015 1 2 3 4 5 6 7 8 9 10 11 Yaker v. France (CCPR/C/123/D/2747/2016), para. 7.1. Ibid., para. 7.2. Ibid., para. 7.3. Ibid., para. 7.5. Ibid., para. 7.11. Ibid., para. 7.9. Ibid., para. 8.2. Ibid., para. 7.6. Ibid., para. 7.7. Ibid., para. 7.8. Ibid., para. 8.7. 21

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