Options

ECHR Upholds French Veil and Niqab Ban

flagpoleflagpole Posts: 44,641
Forum Member
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.

Will this increase calls for it to happen here? Should it happen here?

Should the UK ban full face coverings? 123 votes

Yes
80% 99 votes
No
17% 22 votes
Don't know
1% 2 votes
«13456714

Comments

  • Options
    MagicCoppeliaMagicCoppelia Posts: 21,129
    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.
  • Options
    jmclaughjmclaugh Posts: 63,999
    Forum Member
    ✭✭
    The case presumably relates to article 9 which provides a right to freedom of thought, conscience and religion. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".

    The court in this instance has not interpreted a section of the convention (BIB) to uphold the claim which is rather inexplicable as it has done this in other cases with no less justification. It appears it has sided with the 'certain restrictions' and the view that afaik Islam doesn't mandate its wearing.
  • Options
    rusty123rusty123 Posts: 22,872
    Forum Member
    ✭✭✭
    I'm surprized it got upheld but far from disappointed. I've never been a fan of the full face veil because imo the garment is both divisive and judgemental. In all the debates I've had on the subject over the years I've yet to be swayed in that argument.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jmclaugh wrote: »
    The case presumably relates to article 9 which provides a right to freedom of thought, conscience and religion. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".

    The court in this instance has not interpreted a section of the convention (BIB) to uphold the claim which is rather inexplicable as it has done this in other cases with no less justification. It appears it has sided with the 'certain restrictions' and the view that afaik Islam doesn't mandate its wearing.
    that is how i see it.

    which is somewhat against the recent trend. I do think though they made the right decision.

    ETA:
    The court ruled that the ban "was not expressly based on the religious connotation of the clothing in question but solely on the fact that it concealed the face".

    A court statement said the ruling also "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."
  • Options
    jjwalesjjwales Posts: 48,572
    Forum Member
    rusty123 wrote: »
    I'm surprized it got upheld but far from disappointed. I've never been a fan of the full face veil because imo the garment is both divisive and judgemental. In all the debates I've had on the subject over the years I've yet to be swayed in that argument.

    I agree that it's divisive and should be strongly discouraged, but am surprised that its divisiveness has been accepted as an argument for banning it, overriding the right to freedom of expression.

    I would not like us to follow the French example.
  • Options
    jmclaughjmclaugh Posts: 63,999
    Forum Member
    ✭✭
    flagpole wrote: »
    that is how i see it.

    which is somewhat against the recent trend. I do think though they made the right decision.

    ETA:
    The court ruled that the ban "was not expressly based on the religious connotation of the clothing in question but solely on the fact that it concealed the face".

    A court statement said the ruling also "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."

    Tbh I'm rather in two minds on this one. I don't like people wandering around covered head to foot with only their eyes visible but on the other hand if they choose to then I'm not entirely convinced the state should pass a law saying they can't. I can think of other instances when I would prefer some people not to wearing what they are, is that a reason to ban it?

    This decision by the ECtHR makes them look a tad contrary in their rulings and raises the issue they are not consistent or unbiased and political.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jmclaugh wrote: »
    Tbh I'm rather in two minds on this one. I don't like people wandering around covered head to foot with only their eyes visible but on the other hand if they choose to then I'm not entirely convinced the state should pass a law saying they can't.

    In this instance the decision of the ECtHR makes them look a tad contrary in their rulings and raises the issue they are not consistent or unbiased.

    the argument is in a sense quite simple. it just comes down to a judgement.
  • Options
    jjwalesjjwales Posts: 48,572
    Forum Member
    jmclaugh wrote: »
    Tbh I'm rather in two minds on this one. I don't like people wandering around covered head to foot with only their eyes visible but on the other hand if they choose to then I'm not entirely convinced the state should pass a law saying they can't. I can think of other instances when I would prefer some people not to wearing what they are, is that a reason to ban it?
    I feel the same way. Looking unfriendly and unapproachable is not very nice, whether the face is veiled or not, but I can't see why it should be an actual crime.
  • Options
    bspacebspace Posts: 14,303
    Forum Member
    ✭✭
    jjwales wrote: »
    I feel the same way. Looking unfriendly and unapproachable is not very nice, whether the face is veiled or not, but I can't see why it should be an actual crime.

    It's beyond this, it's deeply insulting.

    One simply has to examine why it's worn to understand this. It's not simply an expression of religeous belief on the part of the wearer, it implies and expresses opinions on the mindset and morals of others.
  • Options
    jmclaughjmclaugh Posts: 63,999
    Forum Member
    ✭✭
    jjwales wrote: »
    I feel the same way. Looking unfriendly and unapproachable is not very nice, whether the face is veiled or not, but I can't see why it should be an actual crime.

    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.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jjwales wrote: »
    I feel the same way. Looking unfriendly and unapproachable is not very nice, whether the face is veiled or not, but I can't see why it should be an actual crime.

    there are a few good reasons. you can demonstrate one to for yourself by walking round in a balaclava. possibly pay a visit to your bank.

    there have certainly been cases of crimes committed by people in niqabs. people that have fled by wearing a niqab.

    the argument that it is socially divisive is a strong one. social cohesion is certainly not something that can be waved away.

    possibly the strongest argument is that it is not compatible with our way of life. we do not believe that women should be covered, we do not believe in subjugating them. and do not have to accept something that does that.

    and anecdotally it seems some of the women wearing them would like an excuse not to.

    i see the arguments about freedom of expression and am sympathetic to them, but on balance i do not judge that to be the winning card. just like the ECHR.

    How do you feel about girls in school wearing them?
  • Options
    jmclaughjmclaugh Posts: 63,999
    Forum Member
    ✭✭
    flagpole wrote: »
    there are a few good reasons. you can demonstrate one to for yourself by walking round in a balaclava. possibly pay a visit to your bank.

    there have certainly been cases of crimes committed by people in niqabs. people that have fled by wearing a niqab.

    the argument that it is socially divisive is a strong one. social cohesion is certainly not something that can be waved away.

    possibly the strongest argument is that it is not compatible with our way of life. we do not believe that women should be covered, we do not believe in subjugating them. and do not have to accept something that does that.

    and anecdotally it seems some of the women wearing them would like an excuse not to.

    i see the arguments about freedom of expression and am sympathetic to them, but on balance i do not judge that to be the winning card. just like the ECHR.

    How do you feel about girls in school wearing them?

    Nobody has ever been convicted of the offence of wearing a balaclava though many will have been wearing one while committing robbery which is the offence. The same can be said of people wearing a crash helmet. There are many instances with regard to officialdom and formal situations when wearing something that covers the entire face apart from the eyes is unacceptable and that imo includes a state school. I'm not convinced it is however unacceptable fullstop.
  • Options
    jjwalesjjwales Posts: 48,572
    Forum Member
    flagpole wrote: »
    there are a few good reasons. you can demonstrate one to for yourself by walking round in a balaclava. possibly pay a visit to your bank.
    There is a good argument for banning face-coverings where security is an issue. Out in the street, not so much.
    possibly the strongest argument is that it is not compatible with our way of life. we do not believe that women should be covered, we do not believe in subjugating them. and do not have to accept something that does that.

    and anecdotally it seems some of the women wearing them would like an excuse not to.
    And some want to wear them out of choice. It's not necessarily about subjugation.
    i see the arguments about freedom of expression and am sympathetic to them, but on balance i do not judge that to be the winning card. just like the ECHR.

    How do you feel about girls in school wearing them?
    Should not be allowed in any state school.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jjwales wrote: »
    There is a good argument for banning face-coverings where security is an issue. Out in the street, not so much.
    I think it is difficult to determine when security matters. if say i owned a shop and i had seen people shoplifting wearing a niqab or burqa what would you suggest i do?
    And some want to wear them out of choice. It's not necessarily about subjugation.
    I think one could make a credible argument that the niqab is always about subjugation.
    Should not be allowed in any state school.
    What might be the arguments that apply in schools and not else where?
  • Options
    deptfordbakerdeptfordbaker Posts: 22,368
    Forum Member
    ✭✭✭
    The government in the UK still hasn't passed any legislation to ban face covering in court, possibly with an exception for medical or security grounds, as they apply to all citizens.

    It this sort of political weakness that emboldens minorities to demand special privileges.
  • Options
    jmclaughjmclaugh Posts: 63,999
    Forum Member
    ✭✭
    flagpole wrote: »
    I think it is difficult to determine when security matters. if say i owned a shop and i had seen people shoplifting wearing a niqab or burqa what would you suggest i do?

    Put up a notice saying customers wearing any form of headcovering that obscures their entire face other than their eyes are not permitted to enter your shop. Afaik that won't contravene any discrimination or other laws.
  • Options
    jjwalesjjwales Posts: 48,572
    Forum Member
    flagpole wrote: »
    I think it is difficult to determine when security matters. if say i owned a shop and i had seen people shoplifting wearing a niqab or burqa what would you suggest i do?
    Get them arrested, obviously! You could also ban any face-coverings from your shop.
    I think one could make a credible argument that the niqab is always about subjugation.
    Even when it is worn out of choice by Western converts?
    What might be the arguments that apply in schools and not else where?
    In schools you can have dress codes.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jmclaugh wrote: »
    Put up a notice saying customers wearing any form of headcovering that obscures their entire face other than their eyes are not permitted to enter your shop. Afaik that won't contravene any discrimination or other laws.

    Oh yeah.

    and have to fight a test case all the way to the ECHR.
  • Options
    jjwalesjjwales Posts: 48,572
    Forum Member
    flagpole wrote: »
    Oh yeah.

    and have to fight a test case all the way to the ECHR.

    Not if your ban applies to any kind of face covering.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jjwales wrote: »
    Get them arrested, obviously! You could also ban any face-coverings from your shop.


    Even when it is worn out of choice by Western converts?

    In schools you can have dress codes.

    how would i have them arrested? what description am i going to give?

    the point i'm making is security is only an issue after the event. how do i know when i'm out at night that someone in a burqa isn't a dude with a knife?

    it is always about subjugation, even when worn out of choice.

    that schools have a dress code is a cop out. you want to specify that you can't wear a burqa in schools. you can wear a turban or other religious dress. why should the dress code for schools prohibit the burqa and niqab? you need a reason.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jjwales wrote: »
    Not if your ban applies to any kind of face covering.

    no.

    discrimination legislation applies indirectly too. like for example a minimum height requirement has been determined to be sexist even though it applies equally to men and women. a woman sued BA after they wouldn't let her fly a certain type of plane because she didn't have the requisite number of hours required by safety rules, because she had been on maternity.

    a ban on face coverings may well be legal. but that it applies to all face coverings is not why.
  • Options
    jjwalesjjwales Posts: 48,572
    Forum Member
    flagpole wrote: »
    how would i have them arrested? what description am i going to give?
    If that's your concern, then don't allow face-coverings in your shop
    the point i'm making is security is only an issue after the event. how do i know when i'm out at night that someone in a burqa isn't a dude with a knife?
    You don't. But it's unlikely that they would be, and in any case anyone could have a hidden knife on them.
    it is always about subjugation, even when worn out of choice..
    If someone is willing to be subjugated, surely that's up to them!
    that schools have a dress code is a cop out. you want to specify that you can't wear a burqa in schools. you can wear a turban or other religious dress. why should the dress code for schools prohibit the burqa and niqab? you need a reason.
    Security? The school needs to be able to identify their students.
  • Options
    jmclaughjmclaugh Posts: 63,999
    Forum Member
    ✭✭
    flagpole wrote: »
    Oh yeah.

    and have to fight a test case all the way to the ECHR.

    Why? The ban applies to everyone regardless of gender, race, religion. sexual orientation or anything else. I doubt even the ECtHR could 'interpret' the ECHR to uphold such a claim.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jjwales wrote: »
    If that's your concern, then don't allow face-coverings in your shop


    You don't. But it's unlikely that they would be, and in any case anyone could have a hidden knife on them.


    If someone is willing to be subjugated, surely that's up to them!


    Security? The school needs to be able to identify their students.

    OK does that mean you would ban the veil anywhere someone needs to be able to be identified? like all places of work? when using any kind of travel pass? any kind of card payment?

    fortunately though the place of work thing doesn't seem to come up because subjugated women tend not to have jobs.
  • Options
    flagpoleflagpole Posts: 44,641
    Forum Member
    jmclaugh wrote: »
    Why? The ban applies to everyone regardless of gender, race, religion. sexual orientation or anything else. I doubt even the ECtHR could 'interpret' the ECHR to uphold such a claim.

    because of this.
    flagpole wrote: »
    no.

    discrimination legislation applies indirectly too. like for example a minimum height requirement has been determined to be sexist even though it applies equally to men and women. a woman sued BA after they wouldn't let her fly a certain type of plane because she didn't have the requisite number of hours required by safety rules, because she had been on maternity.

    a ban on face coverings may well be legal. but that it applies to all face coverings is not why.

    it's like the method of voting that requires you to put your penis on the table.
Sign In or Register to comment.