JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Tuesday, March 30, 2010

France council advises against complete burqa ban
Sarah Miley at 3:37 PM ET

[JURIST] The French Council of State [official website, in French] on Tuesday advised the French government [report, PDF; in French] that a complete ban on full Islamic veils risks violating the French Constitution [text] and the European Convention on Human Rights [text]. The government requested that the council, the country's highest administrative court, review the proposed ban before drawing up legislation. The government has already banned public officials from wearing veils while operating in their official capacity, and also prohibits veils in public schools. The council held that even with the existence of these partial bans, which are based on France's secular principles, it could find no legal basis for a complete ban on veils in public places. The council held that there could be a legal foundation for the ban in situations that require public security and protections against fraud. This includes access to high security areas, the performance of official proceedings such as marriage and voting, and when acquiring identification materials. French President Nicolas Sarkozy [official website, in French] has been a strong proponent of the full veil ban and stated that legislation may go forward [BBC report] despite the Council's warnings.

The Council of State's review comes weeks after a French parliamentary commission charged with investigating whether to enact laws banning the wearing of burqas [JURIST news archive] or other full veils released its report [text, PDF; in French] calling for a partial ban [JURIST report] that would apply in public facilities, including hospitals, schools, and public transportation, and to any individual attempting to receive public services. While many people in France approve of the proposed legislation [CNN report], such measures have also faced opposition [JURIST comment] from critics who say such a law would alienate France's Muslim minority and violate the International Covenant on Civil and Political Rights (ICCPR) [text], of which France is a signatory.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Federal appeals court upholds EPA regulations
3:13 PM ET, April 16

 Federal appeals court dismisses challenge to Senate filibuster rule
2:06 PM ET, April 16

 UN report finds rights violations in Ukraine
11:21 AM ET, April 16

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Unprecedented Notice of Warrantless Wiretapping in a Closed Case
DOMESTIC
Ramzi Kassem
CUNY School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org