What is it about?
This article is about religious clothing and the banning of the burqa in France, as well as its proposed ban in the UK.
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Why is it important?
This is an immensely complicated and sensitive issue because it concerns the rights of women to practice their religion and express themselves at a time when there is hostility to Muslims as a religious minority in Europe. It also invokes human rights, the ECHR and potential challenges to bans on the burqa. Most recently, this was rejected by the European Court of Human Rights in SAS v France (2015).
Perspectives
I have strong views about the paternalistic nature of laws. In particular, I am very much in favour of a humanistic approach that supports peoples religious identities and freedoms. My feelings are that a ban on the burqa do not support women's choices, their freedoms or their rights to express their identities. Furthermore, I believe that the SAS v France (2015) was wrongly decided, based on the Court's interpretation of the ECHR and the concept of 'living together'.
Mr Mohammad Mazher Idriss
Manchester Metropolitan University
Read the Original
This page is a summary of: Criminalisation of the Burqa in the UK, The Journal of Criminal Law, April 2016, SAGE Publications,
DOI: 10.1177/0022018316638983.
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