header-logo header-logo

Burqa & niqab ban upheld

02 July 2014
Issue: 7613 / Categories: Legal News
printer mail-detail

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’.” 

 

Issue: 7613 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll