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Thursday, August 25, 2016

The Burkini, The Veil, The Niqab - What French Law Says



Burkinis banned on dozens of beaches, no veils in schools, no niqabs in the neighbourhood: in staunchly secular France, the law imposes an array of restrictions on anything denoting religious affiliation.


In 2010, France became the first country in Europe to ban the full-veil with a law banning "the covering of the face in public spaces" which was adopted in October 2010 and applied in April a year later.

The ban, which applies everywhere from the street to public transport, targeted both the burka, a voluminous garment which covers the whole body and hides the eyes behind a mesh-like fabric, and the more common niqab face veil.

With non-compliance punishable by a fine of up to 150 euros ($170), the law was challenged at the European Court of Human Rights (ECHR) on grounds it breached religious freedom.

But in 2014, the court rejected the challenge, and upheld the ban.

In the first five years of the law's application, French officials imposed just over 1,500 fines.

Symbols Banned From School
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Under terms of an earlier law passed in 2004, pupils in the public school system are not allowed to wear any symbols or clothing demonstrating any "conspicuous" sign of religious affiliation, which includes crosses or the kippa Jewish skullcap.

The secularisation of France's system of public education is written into the constitution, the text which has the greatest authority within French law.

What is ostensibly behind the various laws is France's commitment to the principle of 'laicite' or secularism -- the separation of Church and state -- which was enshrined in a flagship 1905 law.

The ban on wearing headscarves does not extend to universities but the question regularly comes up.

"We must do it," Prime Minister Manuel Valls in July.

In the public sphere, the law requires public sector workers to respect a "strict neutrality" but the question of wearing a veil within a place of business has not been settled legally.

Nothing forbids it in principle, but some employers oppose it, particularly when it affects their commercial activity.

A veiled engineer who refused to take off her headscarf despite the protests of a client was dismissed for gross misconduct. The case has now been taken to the European Union's Court of Justice (CJEU) which is based in Luxembourg

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