Don’t ban the burqa says European Human Rights Commissioner
The Commissioner for Human Rights at the Council of Europe, Thomas Hammarberg, has issued a guidance note saying that prohibition of the burqa and the niqab would not liberate oppressed women, but might instead lead to their further alienation in European societies.
The Commissioner said that a general ban on such attires would constitute an ill-advised invasion of individual privacy. Depending on its precise terms, a prohibition also raises serious questions about whether such legislation would be compatible with the European Convention on Human Rights.
Mr Hammarberg wrote: “In general, the approach should be that the State must avoid legislating on how people dress themselves. It is, however, legitimate to regulate that those who represent the State, for instance police officers and judges, do not wear clothes or carry symbols which signal a partisan religious — or party political — interest. Likewise, civil servants in contact with the public should not have their face covered. This is where the basic line should be drawn.
“The European Court ruled recently in this spirit. This was in a case about the criminal conviction of individuals who had worn headgear and religious garments in a public place. The Court found that this conviction constituted a violation of their right to freedom of conscience and religion and that the interference was not "necessary in a democratic society".
“Beyond this, there are particular situations where there are compelling community interests that make it necessary for individuals to show themselves for the sake of safety or in order to offer the possibility of necessary identification. This is not controversial and, in fact, there are no reports of serious problems in this regard in relation to the few women who normally wear a burqa or a niqab.”
See also: Ban the burka in Britain, says Tory MP