NEW BOOK: “The Experiences of Face Veil Wearers in Europe and the Law” (E. Brems ed.)

cover book

We are happy to announce the publication of a new book entitled “The Experiences of Face Veil Wearers in Europe and the Law” edited by prof. Eva Brems and published by Cambridge University Press.

This book, unique in its kind, unites empirical research on women wearing face veils in Europe and commentary of scholars of different disciplines on this research and on face veil bans. People who have been following the case of SAS v. France, might be particularly interested in the in-depth analysis that this book provides of the empirical research several third parties referred to in the case. Continue reading

S.A.S. v. France as a problematic precedent

As this blog already features an excellent post on SAS v France, this is a brief contribution, with a specific focus, namely SAS v France as a problematic precedent beyond the issue of the face veil and even beyond religious freedom cases. I shall focus on two problematic aspects of the judgment: its acceptance of the promotion of ‘living together’ as a legitimate ground for the restriction of fundamental rights, coupled with a wide margin of appreciation; and the way it assesses the seriousness of the interference. Continue reading

A Lesson for Applicants: Don’t Agree to a Relinquishment to the Grand Chamber (S.A.S. v. France Part 2)

This guest post was written by Ronan Ó Fathaigh* is a PhD researcher at the Human Rights Centre of Ghent University.

I have just read the judgment in S.A.S. v. France, where the 17-judge Grand Chamber of the European Court held that the face-veil ban in France does not violate the European Convention.Others have commented on the merits of the case (see Saïla and Lourdes’ post), but one thing struck me that needs to be aired as a lesson for applicants: don’t agree to a relinquishment to the Grand Chamber. Continue reading

S.A.S. v. France: Missed Opportunity to Do Full Justice to Women Wearing a Face Veil

By Saïla Ouald Chaib and Lourdes Peroni

This week, the Grand Chamber of the European Court of Human Rights published its long-expected judgment in S.A.S. v. France. The case concerns a ban on the wearing of face veils in the public space. Although the outcome of such highly debated cases is always unpredictable, we hoped that the Court would take this opportunity to bring procedural and substantive justice to the women wearing a face veil in Europe.[1] Alas, the Court disappointingly decided the case by granting a wide margin of appreciation to France and by consequently not finding a violation of any of the ECHR provisions invoked, in particular freedom of religion, the right to private life and non-discrimination. At the same time, however, the judgment contains some positive aspects, namely respect for several requirements of what is known as “procedural justice” and departure from previous case law portraying Muslim women as oppressed. In this post, we share our first impressions on what we think are some positive and negative aspects of the Court’s reasoning. Continue reading

S.A.S. v. France: A short summary of an interesting hearing

On Wednesday, our research team attended the Grand Chamber hearing at the European Court of Human Rights in the case of S.A.S. v. France, in which we submitted a third party intervention on behalf of the Ghent University Human Rights Centre. The case concerns the French law banning the face veil, a highly debated piece of legislation, which was also obvious from the amount of international press covering the hearing. I will first briefly discuss the content of our third-party intervention and then turn to a summary of the hearing which left a positive impression on us.

Continue reading

Ghent seminar on empirical face veil research (May 9)

The European Court of Human Rights has recently communicated the case of S.A.S. v. France, concerning a French woman challenging the French ban on face coverings. She alleges a violation of several Convention rights amongst which her freedom of religion, her right to private life and her right not to be discriminated against. This case will surely be intensively followed throughout Europe, as the debate on the so-called burqa bans is raging. Therefore, we thought that readers of this blog might be interested to know that we (the Human Rights Centre of Ghent University) are organizing a seminar on empirical research on face veils. Continue reading