The Ban on the Veil and European Law

This article analyzes the relationship between French laws passed in 2010, which prohibit the wearing of garments that conceal the face in public spaces, and European human rights laws and values. The author argues that the laws are clearly intended to restrict the wearing of full- face veils by Muslim women. McCrea first looks at the rights that may be infringed by a ban before analyzing the legitimacy of and possible justification for the ban itself. The author finds that a ban cannot be justified solely on the grounds that the veil is offensive because of European commitments to free speech (which includes expression through garments and symbols). The article concludes by finding that a general ban relating to public-face covering might have a reasonable chance of being upheld by European courts as long as it does not target the veil specifically, and provides for exceptions in specific contexts including the private sphere, protests, and religious buildings and ceremonies.