Cameron Miranda
The burqa, a full-body outer garment worn by some Muslim women, has been the subject of legal debate and political controversy in recent years. Several countries, including France, Norway, Bulgaria, and Denmark, have enacted laws prohibiting or restricting the wearing of face-covering veils in public spaces, citing security concerns and the need for visual identification. These laws have sparked protests and criticism, with some scholars and lawyers arguing that they violate the human right to freedom of religion. The issue of whether a person can be legally compelled to remove their burqa remains contentious and has prompted discussions about personal freedom, religious expression, and social interaction.
| Characteristics | Values |
|---|---|
| Countries with a ban on face coverings | France, Norway, Netherlands, Bulgaria, Denmark |
| Reasons for ban | Security concerns, social interaction, oppression of women |
| Opposition to ban | Violation of freedom of religion, human rights |
| Fine for non-compliance | Varies across countries, e.g., 1000 kroner (~US$156) in Norway |
| Exceptions | Health, professional, sports, festivities, artistic or traditional performances |
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What You'll Learn
Bans on face coverings in public spaces
The justifications for these bans vary. Some proponents argue that they promote public safety and security by making it harder for criminals to conceal their identities. For example, a petition in the UK calls for a ban on face coverings, including balaclavas, in public spaces, arguing that criminals are increasingly using them to hide their identities during crimes such as phone snatching and shoplifting. Similarly, the Danish government passed a law prohibiting face-covering attire on the grounds of security, stating that it impairs recognizability.
Other supporters of the bans argue that they promote secularism and Western values. For instance, the right-wing Swiss People's Party (SVP) instigated a referendum on a so-called "anti-burqa" initiative, which resulted in a ban on both religious and non-religious forms of facial concealment in public spaces starting in January 2025. In France, a secular country, the 1905 law on the Separation of the Churches and the State prohibits public servants from wearing any religious signs during work. This law has been interpreted to include a ban on the Islamic veil in educational institutions.
It's important to note that these bans on face coverings have sparked controversy and protests, with critics arguing that they restrict religious freedom and disproportionately impact Muslim women. In some cases, exceptions to the bans are made for specific contexts, such as health reasons, safety, weather conditions, local customs, or artistic purposes.
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The human right to freedom of religion
The Universal Declaration of Human Rights, a milestone document in the history of human rights, outlines the fundamental human rights that are to be universally protected. This includes the right to freedom of thought, conscience, and religion. This right to freedom of religion includes the freedom to change one's religion or belief and the freedom to manifest one's religion or belief in teaching, practice, worship, and observance. This freedom of religion is further protected by the International Covenant on Civil and Political Rights (ICCPR).
The right to freedom of religion intersects with other human rights, such as freedom of expression and freedom of movement. For example, individuals have the right to wear religious clothing, such as a burqa or burka, an outer garment worn by some Muslim women that covers the body and face. However, this right may be limited by laws necessary in a democratic society for public safety, order, health, or the protection of the rights and freedoms of others.
In some countries, such as France, Bulgaria, and Denmark, there are laws or proposals to ban or restrict the wearing of face-covering religious clothing in public spaces, educational institutions, or for public servants. These bans are often based on security concerns or the secular nature of the country, but they have also been met with protests and criticism for restricting religious freedom.
The European Court of Human Rights has clarified that individuals cannot be forced to demonstrate views or behaviors associated with a particular religion, such as swearing on a religious text. This right is protected under the Human Rights Act, which also includes the freedom to change or hold non-religious beliefs, such as atheism or veganism.
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Security and identification concerns
Those in favour of banning the burqa argue that it inhibits the ability to identify individuals, which is essential for combating crime and ensuring public safety. They claim that the burqa can be used by criminals and terrorists to disguise their identities and evade detection, as evidenced by high-profile crimes committed in Morocco and the United States, where perpetrators wore burqas. In France, a woman was asked by police to remove her face-covering veil for identification, but she refused and was forcibly detained, sparking riots and clashes with law enforcement.
However, opponents of the ban dispute the notion that the burqa poses a significant security risk. They argue that there is a lack of statistical evidence to support this claim, and that other face coverings, such as large hoodies or scarves, can also obscure identification without being subject to similar scrutiny. The Home Office, Scotland Yard, and the National Police Chiefs Council in the UK have stated that they are unaware of any statistics indicating that face coverings like the burqa hamper identification to a concerning degree.
The argument for banning the burqa on security grounds is further weakened by the selective nature of the prohibition. If the primary concern is the ability to identify individuals, then it would be reasonable to expect similar restrictions on other items that obscure the face, such as hoods or scarves. The fact that these items are not typically included in the bans suggests that the motivation may not be solely about security and identification but may also reflect an anti-Islamic bias.
While security and identification concerns have been central to the burqa ban debate, it is important to weigh these against individual freedoms, religious expression, and the right to choose how to dress. The impact of such bans on the empowerment and freedom of women, particularly in educational contexts, has also been highlighted as an important consideration.
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Public opinion and political motivations
Public opinion on the burka ban varies across different countries. In Canada, a 2017 poll found that 54% of Canadians supported banning the burka. A more recent Ipsos poll in October 2017 revealed that 76% of Quebecers backed Bill 62, with 24% opposing it. This poll also found that 68% of Canadians supported a similar law in their part of Canada. Another poll by the Angus Reid Institute found that 70% of Canadians outside of Quebec supported "legislation similar to Bill 62", with 30% opposing it. In Switzerland, the National Council rejected an initiative to ban facial coverings, including burqas, by a vote of 114 to 73, with 3 abstentions. However, supporters of the ban remain hopeful as the decision will ultimately lie with the general population. In Denmark, the three largest political parties supported the adoption of a law prohibiting face-covering attire, which was passed in May 2018.
Political motivations for the burka ban vary across countries but often centre around security concerns and the interpretation of secularism and religious freedom. In Bulgaria, the parliament enacted the ban due to security concerns, despite criticism that it restricted the religious freedom of the country's Muslim population. France, a secular country, has also implemented a ban on religious symbols in schools, including the hijab, niqab, and burka, citing the principle of freedom of religious exercise. However, this ban has been controversial, with some arguing that it restricts religious freedom and disproportionately affects Muslim women and Jewish men. In Denmark, the government adopted a law prohibiting face-covering attire to improve recognizability in public spaces. The Austrian parliament also passed a similar ban on face-covering clothing in 2017.
Some politicians have framed the burka ban as a feminist issue, arguing that it liberates women who are forced to wear the garment. However, others have criticized this motivation, arguing that it stigmatizes Islamic women and that education and support initiatives are a better approach than a ban. Additionally, the burka ban has been challenged on ethical grounds, with some arguing that it violates fundamental freedoms, including religious freedom and the right to privacy.
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The historical use of face veils
The use of face veils has been documented in various ancient cultures, including the Byzantine Empire, Persia, and Arabia. The practice of veiling predates Islam and Christianity, with the earliest reference to veiling found in a Middle Assyrian law code dating from between 1400 and 1100 BC. In ancient Mesopotamia and the Macedonian and Persian empires, elite women wore veils as a sign of respectability and high status. Assyrian sumptuary laws dictated which women must veil based on their class, rank, and occupation.
In ancient Greece, it was commonplace for women, particularly those of higher status, to cover their hair and face in public. Classical Greek and Hellenistic statues often depict Greek women with both their head and face covered by a veil. Greek women were expected to dress conservatively and seclude themselves to protect themselves from the gaze of strange men. The Greek approach to veiling was similar to that of the Assyrians, but without the strict laws.
In pre-Islamic Arabia, face veiling was common among women of various religious backgrounds. The early Christian writer Tertullian describes in his treatise "The Veiling of Virgins" how "pagan" women in Arabia wore veils covering their entire faces. Roman women were also expected to wear veils as a symbol of their husband's authority, and a married woman who omitted the veil was seen as withdrawing herself from marriage.
With the spread of Christianity, the ordinance of headcovering by women became normative throughout Christendom. Veiling and seclusion of women became established among Jews and Christians before spreading to urban Arabs of the upper classes and eventually the urban masses. Coptic Orthodox Christian women traditionally wore dark garments with veils, white for the unmarried, and black for married women.
In medieval times, Islamic jurists began to devote more attention to the notion of "awra" (intimate parts) and the question of whether women should cover their faces. While some Islamic scholars interpret certain Quranic verses as encouraging modesty and security for women, most contemporary scholars agree that the face veil is not obligatory in Islam. The modern form of the niqab became more widespread, particularly since the late 1970s Islamic revival, encouraged by the rise of "Petro-Islam" under the House of Saud.
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Frequently asked questions
Yes, France has prohibited public servants from wearing any religious symbols, including the burka, during work.
Yes, Denmark has prohibited people from wearing clothing that covers their faces in public places.
Yes, Quebec has barred people with face coverings from receiving public services or working in government jobs.
Yes, a judge may insist that a person remove their burka in court. Refusal to adhere to this request could result in being held in contempt of court.
In New South Wales, a person must remove their face covering if asked by a state official.
