ECHR rules that French law does not violate human rights
The French ban on the full-face veil is lawful, the European Court of Human Rights has held.
In S.A.S v France App no 43835/11, the court ruled by a majority that there had been no violation of Art 8 (right to respect for private and family life) or Art 9 (right to respect for freedom of thought, conscience and religion). It unanimously held there had been no violation of Art 14 (prohibition of discrimination).
The court emphasised that respect for the conditions of “living together” was a legitimate aim, and that the state had a wide margin of appreciation. It noted that the sanctions for wearing the veil were small and that the ban was not against religious garments but solely against concealing the face. It dismissed as inadmissible the applicant’s complaints under Art 3 (inhuman or degrading treatment) and Art 11 (freedom of assembly).
S.A.S. is a French national and devout Muslim. She wears the burqa (a full-body garment with a mesh over the face) and niqab (a full-face veil with an opening only for the eyes). Under French legislation in force from April 2011, it is prohibited for anyone to conceal their face in a public place.
Barrister Tony Muman, of 43 Temple Row, who acted for S.A.S, says the judgment is “disappointing” but that the court did “reject the French government’s suggestion that her Art 8 and 9 rights were not engaged”.
“They also reject the government’s justification based on gender equality and public safety measures and reminds us of the importance of tolerance and pluralism. Ultimately the court has taken the view (not unanimously) that the state has a wide margin of appreciation and that the ban was a proportionate measure to the aims of ‘living together’ and ‘protecting the rights and freedoms of others’.”
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