Ban on concealment

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The articles prohibition of veiling and anti-face concealment law overlap thematically. Help me to better differentiate or merge the articles (→  instructions ) . To do this, take part in the relevant redundancy discussion . Please remove this module only after the redundancy has been completely processed and do not forget to include the relevant entry on the redundancy discussion page{{ Done | 1 = ~~~~}}to mark. Janui ( discussion ) 12:46, Aug. 2, 2019 (CEST)
"Say no to burqas": Demand for a burqa ban in Newtown near Sydney (2010)
Women veiled with burqa (left) and niqab (right) in Afghanistan (2010)

As concealment prohibition (in the mass media and colloquially often inaccurate "burqa ban" called) enacted laws are referred to by some states. The political discussion relates to the religiously motivated wearing of full-body veils such as the niqab or the burqa ; however, the prohibition regulations are generally directed against covering the face in certain places in public space.

To the legal situation

In Tunisia , when the Code du statut personnel was introduced on January 10, 1957, the wearing of veils in schools was banned.

The first country in Europe to pass such a law was Belgium in April 2010 . In Spain , the Senate endorsed a ban on veiling in June 2010 , but the majority of the Spanish parliament spoke out against a ban on veiling. Nonetheless, there is a ban on concealment at the municipal level, for example in Catalan cities. A corresponding law also came into force in France from April 2011 and in the Netherlands from January 2012 .

In July 2015, the National Assembly of Cameroon passed a ban on public veils. The Chad and the Republic of Congo had recently also adopted such before.

In 2016, Bulgaria , Latvia and the Swiss canton of Ticino passed a ban on face veiling in public, followed by Austria in 2017 with the Anti-Face Veiling Act , and Denmark in 2018 .

In 2012, the Scientific Service of the German Bundestag published an opinion according to which a general ban in Germany would be unconstitutional. In April 2014, the Bavarian Administrative Court decided in an urgent procedure that wearing a niqab in a school could be prohibited. On July 1, 2014, the European Court of Human Rights (ECHR) upheld France's legal ban on full veil in public. Since 1985, a ban on masking during demonstrations has been in place in public spaces in Germany under Section 17a of the Assembly Act .

On July 11, 2017, following a complaint by two women, the ECHR declared a ban on full veiling in public spaces valid in Belgium to be legal. Such a ban is "necessary for a democratic society"; the “rights and freedoms” of third parties would thus be protected.

To the political debate

Asia

Sri Lanka

Sri Lanka introduced a ban on all types of face veils after the terrorist attack on Easter Sunday 2019 . The ban includes face covering that prevents identification.

Europe

Prohibitions 2018. red: nationwide ban, light red: ban in cities or regions, orange: partial ban (e.g. in schools)

Denmark

Since August 1, 2018, there has been a ban on wearing face veils in public in Denmark. In addition to the burqa and nikab, the ban also applies to hats, caps, scarves, masks, helmets and artificial beards, which heavily cover the face. The corresponding law was passed by the Danish Parliament on May 31, 2018 with 75 votes to 30.

Germany

Since 1985, according to Section 17a (2) of the Assembly Act, there has been a ban on participating in events or on the way there in a presentation that is suitable and, depending on the circumstances, aimed at preventing the establishment of identity. See also under ban on masking .

On June 15, 2017, the law on area-specific regulations on face covering and changes to other service regulations came into force. It prohibits covering one's face when performing the service, in an activity directly related to the service, in the exercise of an office and as a soldier (also during leisure time) in business locations ( Section 61 BBG , Section 34 BeamtStG , Section 17 SG ). If this is necessary for business or health reasons, there are z. T. Exceptions to the prohibitions. The law also regulates participation in establishing identity or in comparing photos ( Section 1 PAuswG , Section 47a Residence Act ). Members of the electoral bodies according to § 10 BWahlG may not cover their faces while exercising their office. If a voter does not participate in his identification at the request of the electoral committee , he can be refused to cast his vote ( § 56 BWO ).

The Law on Bans on Facial Veils in Bavaria of July 12, 2017 introduced corresponding clothing rules into the Bavarian Civil Service Act with effect from August 1, 2017 (Art. 75 and 145 BayBG). Likewise, members of a university are generally not allowed to cover their faces in higher education institutions and at university events (Art. 18 Para. 3 BayHSchG). The same applies to schools and school events (Art. 56, Paragraph 4, Clause 2 BayEUG) and for employees in day-care centers during visiting hours and for day care workers (Art. 9a BayKiBiG).

Since October 19, 2017, drivers are not allowed to cover or cover their faces ( Section 23 (4 ) of the StVO ).

At the CSU party congress in November 2015, the delegates passed the call for a legal ban on veiling. The FDP chairman Christian Lindner and other FDP politicians such as Alexander Graf Lambsdorff or Wolfgang Kubicki are calling for a ban on veiling in public. In the CDU, politicians like Julia Klöckner in September 2015 and Jens Spahn in November 2014, as well as the CDU interior ministers of the federal states, including Frank Henkel and Lorenz Caffier , in their Berlin declaration of August 11, 2016, demand a ban on veiling. Klöckner compared wearing a full-body veil with " exhibitionism ", which was sharply criticized in the region. In its basic program of May 2016, the AfD party calls for a legal ban on full veiling. In contrast, Federal President Gauck declared in August 2016, Justice Minister Maas in December 2015 and party politicians at the state level against a ban on full veiling. The Berlin state chairman of the Left, Lederer , described such a ban in August 2016 as an “integration brake”; The UN's special rapporteur, the German Catholic theologian Heiner Bielefeldt , described the relevant legislation in France in April 2015 as one that treats the “burka-wearing woman as a victim and at the same time as a troublemaker” and therefore as “inconsistent and not useful”. The Deputy Prime Minister of Hesse, Tarek Al-Wazir , stated in August 2016 that one had to convince instead of threatening criminal law. Interior Minister de Maizière expressed legal concerns about a legal regulation in December 2015. The chairman of the Central Council of Muslims, Mazyek , spoke in October 2015 of a “burqaisation of domestic politics”. There are hardly any fully veiled women in Germany. The Baden-Württemberg Interior Minister Strobl said in 2016 that he did not consider a ban on full veiling to be possible in view of constitutional concerns. There is also no majority at federal or state level in favor of such a ban. In August 2016, the AfD parliamentary groups in the state parliaments of Saxony, Thuringia, Saxony-Anhalt, Baden-Wuerttemberg and Brandenburg introduced almost identical bills on state law prohibiting concealment. In her CDU party conference speech on December 6, 2016, Angela Merkel called for a statutory full veil ban where this was legally possible. In February 2017, the federal government introduced a bill to ban concealment in public spaces in the Bundestag.

On March 13, 2017, the state parliament of Baden-Württemberg held a hearing on the draft law to ensure open communication and identifiability.

In Lower Saxony in mid-July 2017, politicians from all four parliamentary groups agreed on an amendment to the School Act, according to which schoolchildren “may not make communication with those involved in school life particularly difficult through their behavior or their clothing”. A face veil makes communication difficult.

In individual cases, there are problems with the identification of officials when Muslim women with full veil refuse to show their faces. In April 2018, the rejection of a fully veiled woman by the city administration of Weinheim (Rhein-Neckar district) sparked a general discussion about the acceptance of the face veil in Germany.

In February 2020, the SPD Education Minister Stefanie Hubig announced that the state government of Rhineland-Palatinate would issue a legal ban on full veils in schools for schoolchildren. The SPD Education Minister Christine Streichert-Clivot also announced such a legal ban in schools in February 2020 for the state of Saarland . Likewise, since February 2020, SPD school senator Ties Rabe in Hamburg and the Jamaica coalition in Schleswig-Holstein have been planning to issue a legal ban on veiling schools.

The state government of Baden Württemberg decided on July 21, 2020 that students are no longer allowed to go to school with full body wrapping. The situation at universities is more complicated, which is why such a ban was initially decided for schools.

France

A commission set up by the National Assembly (the lower house of parliament) dealt with the issue of face veiling in public from June 2009. In her final report of January 26, 2010 she stated that the full veiling of the face in public is used by around 1900 women in France and is in contrast to the values ​​of the republic as a secular state with the principles of gender equality and freedom from religious coercion. The Commission proposed a three-step approach based on persuasion, protection of women and a ban. In a reaction in January 2010, the National Human Rights Advisory Council (Commission nationale consultative des droits de l'homme) spoke out against a ban. On May 11, 2010, the National Assembly unanimously passed a resolution that "radical practices that undermine the dignity and equality between men and women, one of which is full veil", are incompatible with the values ​​of the republic and that all appropriate measures should be implemented, "To ensure the effective protection of women who suffer pressure or coercion, especially those who are forced to be fully veiled".

Shortly afterwards, the French government at the time introduced a bill to ban the concealment of faces in public in the National Assembly, which was endorsed by the Committee on Women's Rights and the Legal Affairs Committee on June 23, 2010. The law was passed on July 13, 2010 by the National Assembly with 335 votes with one abstention and three against and unanimously approved by the Senate on September 14, 2010 with one abstention. The Constitutional Court , to which the law was subsequently submitted, affirmed its constitutionality on October 7, 2010, so that it was published as Law 2010–1192 on October 11, 2010 and entered into force on April 11, 2011:

Notice of the legal text in October 2010

Section 1

Nobody is allowed to wear clothes in public that are designed to hide their faces.

Section 2

I. For the purposes of Section 1, “public” means the public traffic area and any space that is open to the public or intended for public services.

II. The prohibition in Section 1 does not apply if the clothing is prescribed or approved by law or regulation, if it is justified for reasons of health or work, or if it is worn in connection with sports, celebrations or artistic or traditional events .

Section 3

Any violation of the prohibition in Section 1 is punished as an administrative offense with a fine of up to 150 euros. The obligation to attend a citizenship course under Section 8 of Articles 131-16 of the Criminal Code can be imposed in addition to or instead of the penalty.

In addition, the law inserted Article 225-4-10 into the Criminal Code , which provides for a one-year prison sentence or a fine of 30,000 euros if a face is concealed by coercion or threats.

On May 12, 2011, a French woman of Sunni faith, born in Pakistan in 1990, filed a lawsuit against the ban with the European Court of Human Rights. She argued that the ban was degrading treatment, was discriminatory and violated, among other things, her rights to freedom of association, freedom of religion and freedom of expression. With a 15-2 vote, the court found on July 1, 2014 that the French regulation does not violate the European Convention on Human Rights. The judges Helena Jäderblom and Angelika Nußberger added their dissenting opinions to the reasons for the judgment .

In August 2016, the city ​​of Cannes banned the wearing of the burkini on the beach, in addition to the ban on face veils in force across France . It is not about "banning the wearing of religious symbols on the beach, but about ostentatious clothing that indicates belonging to terrorist movements that are at war against us". Laurence Rossignol, Minister for Family, Childhood and Women's Rights in the Valls II cabinet , described the burkini as “archaic” in mid-August 2016 and recommended “fighting it without ulterior motives”. The cities of Sisco , Leucate , Oye-Plage and Le Touquet-Paris-Plage also prohibited women from wearing full-body swimsuits when bathing in the sea. This burkini ban was declared ineffective by the French highest administrative court. The reasoning states that the ban constitutes a serious and illegal violation of fundamental rights. Uncertainty in the country after the terrorist attacks is not enough to justify this regulation.

Austria

After the judgment of the European Court of Human Rights on July 1, 2014, a political debate for and against broke out in Austria as well. The initiative of the FPÖ , following the example of France, to introduce a ban on veiling the face in public space in Austria was initially rejected in the plenary session of the National Council. On June 8, 2017, the Anti-Facial Wrapping Act was passed, which forbids the concealment of facial features in public spaces. The law came into force on October 1, 2017.

Switzerland

In Switzerland, the SVP called for a statutory full veil ban in 2010. The canton of Ticino voted in a referendum on September 22, 2013 with 63,494 votes against 32,377 against for a ban on face covering. As a result, an article 9a was newly included in the Ticino canton constitution:

(1) Nobody may cover up or hide their face in public space and in places that are generally accessible (except sacred sites) or that are used to provide public services.

(2) Nobody may force a person to cover their face based on their gender.

(3) The law regulates the exceptions to paragraph 1 and determines the sanctions.

The implementation law required in paragraph 3 was passed by the canton parliament on November 18, 2015 and came into force on July 1, 2016. According to a report in the Tages-Anzeiger in early August 2016, most women took off their veils when they were made aware of the ban.

The cantonal council of the canton of St. Gallen, the parliament, decided on September 18, 2017 a ban on concealment in public spaces. It is directed against persons who threaten public security or "religious or social peace". On September 23, 2018, this law was passed by the electorate with 66.6% yes-votes. Its concrete implementation must now be regulated by a regulation.

The popular initiative “Yes to the ban on veiling” was submitted for the whole of Switzerland. According to the legal situation, a nationwide referendum must follow in the next few years. If the initiative wins a majority of the voters and the cantons , it would overturn the previous resolutions. On October 13, 2017, according to the government, a committee submitted more than 100,000 valid signatures and thus met the requirements for a referendum. The government then proposed an indirect counter-proposal to the popular initiative to parliament in 2019. However, this was rejected by the Council of States .

Netherlands

The law on the partial prohibition of face- covering clothing ( Dutch Wet gedeeltelijk verbod gezichtsbedekkende kleding ) prohibits people from covering their face in public facilities in the Netherlands . The law includes the ban on veiling and is also received in the media as a burqa ban . The regulation thus potentially affects around 150-350 Muslims with face veils among the 17 million Dutch .

The law was preceded by more than 10 years of broad social debate, which was largely initiated by right-wing populist parties and politicians. The partial ban on facial clothing is criticized as discriminatory and Islamophobic ; Even after it came into force on August 1, 2019, the law remains controversial.

law

The Wet gedeeltelijk verbod gezichtsbedekkende kleding prohibits the wearing of clothing that covers the face and only allows the eyes to be seen if the person is in certain public buildings and facilities. Exceptions are defined for medically necessary clothing, participation in certain (religious) festivals and cultural events, and the exercise of one's own profession. Affected institutions include town halls, schools, government hospitals, government agencies and other government institutions. The ban also applies on trains, buses, trams and metros. Full-face helmets , balaclavas , masks, but also religious veils such as the Islamic niqab , the burqa and the chador are considered face coverings . Wearing this face cover in public can be punished with a fine of up to 150 €. The law came into force on August 1, 2019.

debate

Geert Wilders , the only member of the right-wing populist Partij voor de Vrijheid (Party for Freedom) launched the initiative to ban Islamic veils in 2005.

The Dutch State Council, the highest advisory body to the government, advised against the law in a legal opinion in 2015. He saw "no urgent need to justify a restriction of religious freedom". At the end of 2015, the draft law entitled Instelling van een gedeeltelijk verbod op het dragen van gezichtsbedekkende kleding in het onderwijs, het openbaar vervoer, overheidsgebouwen en de zorg (Wet gedeeltelijk verbod gezichtsbedekkende kleding) (German: Introduction of a partial ban on wearing clothes in education, public transport, government buildings and care (law on the partial prohibition of face-covering clothing)) brought into the first chamber of parliament . The bill was finally adopted by the Dutch parliament in 2018.

Resistance to the law came from Dutch Muslims. Muslims and non-Muslims see this restricted the freedom to practice their religion. Many municipalities also consider the law impractical and impossible to implement. After the law was introduced in the summer of 2019, Geert Wilders praised it and said in a radio interview: "This is the first anti-Islam measure".

Amnesty International criticized that the law's extensive restrictions on freedom of expression and religion were unacceptable, even if the majority of Dutch people felt uneasy about contact with veiled people. The law has a discriminatory effect. Under the premise of the fight against the oppression of women, women would be even more oppressed.

implementation

When the law came into force, the Dutch Ministry of the Interior urged local authorities to enforce the law. However, several cities and municipalities, as well as hospitals, local public transport and also the Dutch police, declared that they did not want to participate in the strict implementation of the law.


Africa

Gabon

Since 2015 Gabon has banned the wearing of full veils in public places and at work, as the country with a predominantly Christian population fears attacks.

Morocco

In early January 2017, the production and sale of burqas were allegedly banned in Morocco , according to several press reports. However, there is no corresponding government statement.

literature

  • Aisha Chauki: The “Headscarf” - Oppression or Freedom? About the Ḥiǧāb and the clothing of Muslim women , IB Verlag Islamische Bibliothek, 2011, Düsseldorf 2011, ISBN 978-3-941111-19-6 .
  • Claudia Knieps: History of the veiling of women in Islam (= Muhammad-Amin Ramdani (Ed.): Ethno-Islamica , Volume 3), Ergon, Würzburg 1993, ISBN 3-928034-21-9 (abridged version of the dissertation University of Bonn 1991, 475 pages, under the title: Origins of the veil in Islam ).

Web links

Individual evidence

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