French ban on face covering

The French ban on face covering^[a] is the result of an act of parliament passed in 2010 banning the wearing of face-covering headgear, including masks, helmets, balaclavas, niqābs and other veils covering the face, and full body costumes and zentais (skin-tight garments covering entire body) in public places, except under specified circumstances. This ban does not apply to the hijab, as it does not cover the face. The ban does apply to the burqa, a full-body covering, if it covers the face.^[2] In April 2011, France became the first European country to impose a ban on full-face veils in public areas.^[3]

Public debate exacerbated concerns over immigration, nationalism, secularism, security, and sexuality.^[4] Arguments supporting this proposal include that face coverings prevent the clear identification of a person (which may be a security risk, or a social hindrance within a society which relies on facial recognition and expression in communication), that the alleged forcing of women to cover their faces is sexist, and that Muslims who continue this practice should be forced to assimilate into traditional French social norms. Arguments against include that the ban encroaches on individual freedoms,^[5] and that it discriminates against interpretations of Islam that require or encourage women to wear face coverings, that it takes away the choice of women to decide whether to dress according to a particular standard of modesty, and prevents anonymity in situations where it might be socially or personally desirable. Opponents accused President Nicolas Sarkozy of fostering Islamophobia and using the law for political gain.^[4] Some researchers posited that the ban "reduces the secondary educational attainment of Muslim girls and affects their trajectory in the labor market and family composition in the long run" as well as reducing the "social integration of Muslim women into French society".^[6][7]

As of 11 April 2011, it was illegal to wear a face-covering veil or other masks in public spaces. Veils, scarves, and other headwear that do not cover the face are unaffected by this law.^[8] The law imposes a fine of up to €150, and/or participation in citizenship education, for those who violate the law.^[9][10] The bill also penalises, with a fine of €30,000 and one year in prison, anyone who forces (by violence, threats, or abuse of power) another to wear face coverings; these penalties may be doubled if the victim is under the age of 18.^[9][11]

As a result of the law, the only exceptions to a woman wearing a face-covering veil in public will be if she is travelling in a private car or worshiping in a religious place.^[12] French police say that while there are five million Muslims in France, fewer than 2,000 are thought to fully cover their faces with a veil.^[2] The wearing of all conspicuous religious symbols in public schools was previously banned in 2004 by a different law, the French law on secularity and conspicuous religious symbols in public schools. This affected the wearing of Islamic veils and headscarves in schools, as well as turbans and other distinctive items of dress.

The law was challenged and taken to the European Court of Human Rights which upheld the French law on 1 July 2014, accepting the argument of the French government that the law was based on "a certain idea of living together".^[13] In October 2018, the United Nations Human Rights Committee found that France's ban disproportionately harmed the right of two women [plaintiffs] to manifest their religious beliefs, and could have the effects of "confining them to their homes, impeding their access to public services and marginalizing them."^[14]

Cite error: There are <ref group=lower-alpha> tags or {{efn}} templates on this page, but the references will not show without a {{reflist|group=lower-alpha}} template or {{notelist}} template (see the help page).