Council of Europe’s Resolution And Its Implications
Just as countries in Europe are rushing one after the other to ban the wearing of full-face veils in public, the Parliamentary Assembly of the Council of Europe has unanimously passed a resolution warning that governments that do so would be denying women “who genuinely and freely desire to do so” their right to cover their faces. The Council of Europe said that there should be no general prohibition on wearing the burqa and the niqab or other religious clothing. However, the Council of Europe did not oppose targeted restrictions, which it says could be justified “for security purposes, or where the public or the professional functions of the individuals require their religious neutrality, or that their faces can be seen”.
At the same time, the Council of Europe’s view is that a woman should not be compelled to wear religious apparel by her family or community. Such compulsion, warned the Council of Europe, constitutes a crime.
The Council of Europe’s resolution was part of a report on Islam, Islamism, and Islamophobia. The Council of Europe called on European governments to educate Muslims on their human rights and to take part in public and professional life. It also chided Switzerland for its ban on the building of Islamic minarets, a decision the country took after a referendum on the issue.
Implications Of The Council Of Europe’s Resolution
The role of the Council of Europe, which has 47 member countries (all European countries except Belarus and Turkey), is to develop common and democratic principles based on the European Convention of Human Rights and other reference texts on the protection of individuals. Its resolutions are not legally binding on member states but they could be the basis on which states and individuals can bring cases to court, and thus expose countries that impose a general ban on Islamic dress to lengthy and expensive legal trials. The likelihood of people bringing cases to court is high. Already the European Court of Human Rights is snowed under with some 120,000 cases waiting to be heard.
European Countries On Course To Banning Full Face Veils
The Council of Europe’s resolution was passed on the same day that Spain’s Senate voted against “any usage, custom, or discriminatory practice that limits freedom of movement”. Earlier this year, Belgium became the first European country to introduce a bill to ban the burqa when its Lower House voted to ban the wearing in public of any clothing that does not allow the wearer to be identified – ie, the bill was presented as one tackling a security issue. Next month, a bill will be passing through the French Parliament, though this bill will be presented as a measure to protect women against practices that violate the dignity and equality between the sexes. French President Nicolas Sarkozy is often quoted as having referred to the burqa as a “sign of subservience”.
Think About It?
What is the real issue behind the antagonism towards full face veils? Is it the rights of the wearers? If so, are their rights being violated by a ban on wearing the veils, or are their rights being upheld by preventing their families from forcing them to wear the veils? Would a general ban on the burqa liberate wearers, or would it alienate them from European society? Is the real issue a security one? If so, can’t this issue be addressed by targeted laws that require wearers to remove their veils when they need to be identified? Or is the real issue one of racial or religious discrimination? Is the law the way to go about tackling such an issue, or is it education and the promotion of intercultural tolerance?
Previous posts
France Resolves To Ban The Full Veil Just As Council Of Europe Opposes Ban
Fined For Wearing A Burqa In Italy … Then Confined To The House?
Belgium Goes For National Ban On Full Face Veil
Burka Not Welcome In France
Wearing A Veil (Hijab) Is A Muslim Woman’s Personal Choice
The Muslim Niqab – Custom Or Faith?
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