CCPR/C/123/D/2747/2016
euros for a category two offence, are moderate and proportionate to the aims pursued. The
stipulated alternative penalty of attendance at a citizenship course is one that is typically
applied in French criminal law and may concern various offences; it is designed to remind
offenders of the republican values of tolerance and respect for human dignity and to make
them aware of their criminal and civil liability and of the obligations that life as a member
of society entails.
7.10
The Prime Minister’s circular of 31 March 2011, addressed to prefects, describes
the procedures whereby the offence may be dealt with by the police or the gendarmerie, and
indicates that under no circumstances does the Act grant officers the power to force an
individual to uncover his or her face. Accordingly, there is no question of a
disproportionate limitation of the right to religious freedom.
7.11
With regard to the author’s complaint of a violation of articles 12 and 26 of the
Covenant, the State party submits that the author has not established that the prohibition
introduced under the Act applies only to women who wear the full face veil and that
persons who conceal their faces by other means are not subjected to checks. On the
contrary, the Act provides for a general prohibition, is not aimed at any particular item of
clothing and makes no distinction between men and women. Moreover, the ban established
under the Act cannot in itself be discriminatory or prejudicial to freedom of movement
because it has an objective and reasonable justification.
Issues and proceedings before the Committee
Consideration of the merits
8.1
The Committee has considered the present communication in the light of all the
information submitted by the parties, in accordance with article 5 (1) of the Optional
Protocol.
8.2
The Committee notes the author’s claim that the criminal prohibition against
concealing the face in public areas, introduced under Act No. 2010-1192, and her
conviction for wearing the niqab violate her rights under article 18 of the Covenant. The
Committee notes the State party’s argument that the Act imposes a general ban on any
article of clothing intended to conceal the face in public spaces, regardless of the form it
takes or the reason for wearing it, and that the Act does not specially treat religious clothing.
The Committee notes, however, that article 2 (II) broadly exempts from the Act clothing
worn for “health reasons” or on “professional grounds”, or that is “part of sporting, artistic
or traditional festivities or events”, including “religious processions”, or clothing that is
prescribed or legally authorized by legislative or regulatory provisions. The Committee
further notes the author’s submission, not contested by the State party, that fewer than
2,000 women wear the full-face veil in France, and that the vast majority of checks under
the Act have been performed on women wearing the full-face veil.17
8.3
The Committee recalls its general comment No. 22, in which it stated that the
freedom to manifest religion or belief may be exercised either individually or in community
with others and in public or private. The observance and practice of religion or belief may
include not only ceremonial acts, but also such customs as the wearing of distinctive
clothing or head coverings. 18 The author’s statement that the wearing of the full veil is
customary for a segment of the Muslim faithful and that it concerns the performance of a
rite and practice of a religion is not in question. It is also undisputed that Act No. 20101192, prohibiting garments intended to conceal the face in public, is applicable to the niqab
worn by the author, who as a result is forced to renounce the clothing that corresponds to
her religious approach or risk penalties. Accordingly, the Committee considers that the ban
introduced under the Act constitutes a restriction or limitation of the author’s freedom to
manifest her beliefs or religion — by wearing her niqab — within the meaning of article 18
(1) of the Covenant.
17
18
10
See the report of the Observatory of Secularism mentioned above.
General comment No. 22, para. 4.