A Law Banning the Burqa and Niqab in France Would be Legally Tenuous, Say Specialists

While French ministers like Eric Besson claim that a possible law against the burqa is a way to protect the dignity of women, others point to how it would remove practicing Muslim women’s dignity of choice. Denys de Bechillon points to how the notion of dignity is one of the most complicated to determine in contemporary legal matters. Moreover, legal scholars usually cannot determine whether it was forced upon her by her husband or her brother. Until now, there has been no legal text or position in France which claims that the face must be visible in the public sphere, except for identity cards or being stopped by police. It is unclear how the constitutional council would react should such a ban be put into place as no law like it has come before the courts.

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