Options

ECHR Upholds French Veil and Niqab Ban

1356714

Comments

  • Options
    solenoidsolenoid Posts: 15,495
    Forum Member
    ✭✭
    Fact: you do not need to see a person's face in order to socialise with them.
  • Options
    paulschapmanpaulschapman Posts: 35,536
    Forum Member
    Aneechik wrote: »
    I disagree with the idea of a ban. As a society, we spend far too long obsessing over what women wear, and especially in this case since the security threat that comes from some Muslims is almost exclusively male.

    The court upheld the ban because of the level of communication that occurs which is non-verbal and the effect having a covered face effects living together
    As to the “protection of the rights and freedoms of others”, the Government referred to the need to ensure “respect for the minimum set of values of an open democratic society”, listing three values in that connection: respect for gender equality, respect for human dignity and respect for the minimum requirements of life in society (or of “living together”). While dismissing the arguments relating to the first two of those values, the Court accepted that the barrier raised against others by a veil concealing the face in public could undermine the notion of “living together”. In that connection, it indicated that it took into account the State’s submission that the face played a significant role in social interaction. The Court was also able to understand the view that individuals
    might not wish to see, in places open to all, practices or attitudes which would fundamentally call into question the possibility of open interpersonal relationships, which, by virtue of an established consensus, formed an indispensable element of community life within the society in question. The Court was therefore able to accept that the barrier raised against others by a veil concealing the face was perceived by the respondent State as breaching the right of others to live in a space of socialisation which made living together easier.

    see http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/01_07_14_grandchamber.pdf

    An eminently sensible conclusion to make, you cannot communicate effectively if one or more parties have their face covered. If we want communities to be cohesive and work then this is the minimum one should expect.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    solenoid wrote: »
    It clearly does. It is saying that to socialise it is necessary to see someone's face.
    Here's when it matters to see a face:

    1) Security checking
    2) Passport photo taking

    Of course millions of people socialise using telephones every day. Society didn't decay because of such technology.
    I don't know whether the word ridiculous is stronger than absurd. Or the other way around.
  • Options
    DinkyDoobieDinkyDoobie Posts: 17,786
    Forum Member
    ✭✭
    solenoid wrote: »
    Fact: you do not need to see a person's face in order to socialise with them.

    You do if you are deaf and they don't say it is impossible only that concealing your face raises a barrier and makes it more difficult and has the potential to undermine the notion of living together and that seeing someones face is a fundamental aspect of social interaction that makes it easier - not that social interaction is impossible if you are blind or wearing a motorcycle helmet.
  • Options
    Rastus PiefaceRastus Pieface Posts: 4,382
    Forum Member
    ✭✭✭
    solenoid wrote: »
    Fact: you do not need to see a person's face in order to socialise with them.

    so how do you know when someone is puzzled, happy, sad or angry when you have said something to them?

    and, heres a task for you. next time you go out socialising, let us know how many people are wearing the veil, in all the pubs and clubs you visit.;-)
  • Options
    jmclaughjmclaugh Posts: 63,997
    Forum Member
    ✭✭
    It might not list a set of social values but they clearly exist and they say the decision was based on the rights of others to exist in a state of socialisation and that open interpersonal relationships are at least in france an indispensable part of community life that makes living together easier.

    The sole purpose of the ECtHR is to resolve claims made under the ECHR by applying the ECHR. It is not there as a higher court over national courts with regard to domestic or EU law or as court to resolve disputes about such laws. None of what they listed as their reasons are contained in the ECHR.

    They should simply have stated they found the claim did not violate the claimiant's rights under clause 1 of article 9 or if it did they found the French law banning it to be in compliance with clause 2 of that right.
  • Options
    BrokenArrowBrokenArrow Posts: 21,665
    Forum Member
    ✭✭✭
    solenoid wrote: »
    Fact: you do not need to see a person's face in order to socialise with them.

    Is this a reference to beer goggles and bag over head types ?
  • Options
    DinkyDoobieDinkyDoobie Posts: 17,786
    Forum Member
    ✭✭
    jmclaugh wrote: »
    None of what they listed as their reasons are contained in the ECHR.

    In order to say it isn't covered by the ECHR you would have to know what the freedoms and rights of others includes.

    They appear to say people have the right to live in an openly social society and that seeing someones face is a fundamental aspect of doing so.
  • Options
    [Deleted User][Deleted User] Posts: 5,186
    Forum Member
    There's the social right to know who's walking down the street - or face the awkward conversation.

    Pro-ban.

    Then there's the right to know what someone prefers on their head.

    That would be anti-ban.

    I think being able to see someone's face in order to communicate with them doesn't come into it.

    If the awkward conversation is a problem then I suppose ban - but I'd go for the right to know preference.

    Anti-ban would be the social position to be in, I think.
  • Options
    solenoidsolenoid Posts: 15,495
    Forum Member
    ✭✭
    You do if you are deaf and they don't say it is impossible only that concealing your face raises a barrier and makes it more difficult and has the potential to undermine the notion of living together and that seeing someones face is a fundamental aspect of social interaction that makes it easier - not that social interaction is impossible if you are blind or wearing a motorcycle helmet.

    My point was that for some people with the profound disability of blindness there isn't a fundamental barrier to socialising just becaue they cannot see faces.

    Deaf people may use lip-reading or sign language.

    There shouldn't be a fundamental law that people have the right to see other people's facial expressions! (Which is what this ruling essentially says).
  • Options
    DinkyDoobieDinkyDoobie Posts: 17,786
    Forum Member
    ✭✭
    solenoid wrote: »
    My point was that for some people with the profound disability of blindness there isn't a fundamental barrier to socialising just becaue they cannot see faces.

    Yeah well you cant be serious.
  • Options
    solenoidsolenoid Posts: 15,495
    Forum Member
    ✭✭
    so how do you know when someone is puzzled, happy, sad or angry when you have said something to them?

    and, heres a task for you. next time you go out socialising, let us know how many people are wearing the veil, in all the pubs and clubs you visit.;-)

    The human voice can be a truly expressive thing.

    I doubt many of the women who choose to wear the veil visit nightclubs
  • Options
    solenoidsolenoid Posts: 15,495
    Forum Member
    ✭✭
    Yeah well you cant be serious.

    I am deadly serious. I have a phazor gun on me right now. Perhaps you didn't notice it because you were so fixated on my face?
  • Options
    solenoidsolenoid Posts: 15,495
    Forum Member
    ✭✭
    Is this a reference to beer goggles and bag over head types ?

    Sometimes!
  • Options
    DinkyDoobieDinkyDoobie Posts: 17,786
    Forum Member
    ✭✭
    solenoid wrote: »
    I am deadly serious. I have a phazor gun on me right now. Perhaps you didn't notice it because you were so fixated on my face?

    If i was blind it wouldn't matter where i was looking.
  • Options
    jjwalesjjwales Posts: 48,572
    Forum Member
    flagpole wrote: »
    Not all places of work have strict ID? like what?

    how many places of work don't need to be able to identify their employees?
    A fair number, such as corner shops and other small businesses which only employ a handful of people.
    the problem with leaving it up to individual businesses is you make them stick their head above the parapet. tesco bans the burqa shock. and take on the legal fight.
    Well, if it did become a huge problem, then the matter could be reconsidered.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jjwales wrote: »
    A fair number, such as corner shops and other small businesses which only employ a handful of people

    I think, probably, they are still quite keen on ensuring they know who is behind the till.
  • Options
    d'@ved'@ve Posts: 45,530
    Forum Member
    flagpole wrote: »
    http://www.bbc.co.uk/news/world-europe-28106900

    Interesting ruling this. i would have bet pound to a penny that they would have gone the other way.

    Why would it go the other way? It isn't intended to be religious discrimination, so why? Doesn't surprise me at all, I only wish I'd taken up your bet at 100/1 three years ago! :D
  • Options
    jjwalesjjwales Posts: 48,572
    Forum Member
    flagpole wrote: »
    I think, probably, they are still quite keen on ensuring they know who is behind the till.

    They'd be unlikely to insist on their employees having photo ID though!
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jjwales wrote: »
    They'd be unlikely to insist on their employees having photo ID though!

    that is true but they are still going to want to know who they are, who turns up for work.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    d'@ve wrote: »
    Why would it go the other way? It isn't intended to be religious discrimination, so why? Doesn't surprise me at all, I only wish I'd taken up your bet at 100/1 three years ago! :D

    well it doesn't matter if it is intended to be religious discrimination does it.
  • Options
    Rastus PiefaceRastus Pieface Posts: 4,382
    Forum Member
    ✭✭✭
    solenoid wrote: »
    The human voice can be a truly expressive thing.

    I doubt many of the women who choose to wear the veil visit nightclubs

    it can, but then again, not everyone has the confidence to speak out. a facial expression also 'speaks volumes'.
  • Options
    JeffersonJefferson Posts: 3,736
    Forum Member
    ✭✭✭
    Excellent news.

    As for any possibility of it happening here, quite simply it wouldn't. There would be too much trouble. Rioting on the streets etc.

    Will this mean they will gravitate from France to England.
  • Options
    deptfordbakerdeptfordbaker Posts: 22,368
    Forum Member
    ✭✭✭
    jmclaugh wrote: »
    However there are instances when it must not be worn as being able to see the person's face is important and the wearer must expect to remove it, appearing in court being an obvious example.

    The key to this is discrimination or special privileges. The recent court case where the judge refused to let a woman cover her face for religious reasons is a good example.

    Some left wing commentator pointed out that people are allowed to hide their face for security reasons, i.e. give evidence behind a screen etc. The point is, that is for security reasons and an option available to everyone. Another valid reason would be if people had sensitive skin to light, i.e. a medical reason.

    Religion is not a valid reason. This is not a Muslim country so the majority of Muslims or their ancestors are recent immigrants. They or their ancestors made a conscious decision to emigrate here knowing our laws trump their religion.

    In fact, doesn't Islam say that Muslims must adapt to the country they live in, if it is not Islamic?
  • Options
    deptfordbakerdeptfordbaker Posts: 22,368
    Forum Member
    ✭✭✭
    Jefferson wrote: »
    Will this mean they will gravitate from France to England.

    We will become the Islamic refuge in Europe.

    I think Islamic face coverings should be banned in court, schools, hospitals, passport control, banks and considering the rest of us have to put up with CCTV, I am not sure why Muslim women are allowed to hide from the cameras.

    It's the same as the Sikh's not having to wear crash helmets decision in the 1970's. Apart from setting a precedent, ever since the government has been afraid of facing down demands for special privileges from ethnic minorities.

    Allowing Sikh's to wear turbans to drive buses was a sensible compromise providing the turban was the companies colours and they wore a badge on it. When it comes to scooter though they had the option of not owning one. They could have bought a car, used the bus etc.

    Giving ethnic groups special privileges because of their religion is always the wrong decision.
Sign In or Register to comment.