Abstract

http://ssrn.com/abstract=2121010
 


 



Protecting the Space to Be Unveiled: Why France's Full Veil Ban Does Not Violate the European Convention on Human Rights


Bridgette Dunlap


Fordham University School of Law - Leitner Center for International Law and Justice

May 2012

Fordham International Law Journal, Vol. 35, No. 4, 2012

Abstract:     
In 2010, the French Senate and National Assembly approved a statute that, though facially neutral, was intended to ban full face veils worn by Muslim women in France, specifically the burqa and niqab. The French public, including French people of Muslim heritage, largely supported the law, but global commentators allege the statute constitutes an impermissible violation of personal freedoms and is racist, paternalistic, and the product of political opportunism.

Suspicion of efforts to control what women can and cannot wear is well-founded, especially in light of ongoing efforts to control women’s bodies and punish deviance from societal norms. Regulation of veiling, however, may be justified in some circumstances given the implications of the practice for women who do not wish to veil. This paper argues that given the specific circumstances in France, the interests of women who wish to veil are outweighed by the interests of women who lack a meaningful choice due to community pressure, family coercion, or threats of violence, as well as those of women who do not veil.

Number of Pages in PDF File: 59

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Date posted: August 1, 2012  

Suggested Citation

Dunlap, Bridgette, Protecting the Space to Be Unveiled: Why France's Full Veil Ban Does Not Violate the European Convention on Human Rights (May 2012). Fordham International Law Journal, Vol. 35, No. 4, 2012. Available at SSRN: http://ssrn.com/abstract=2121010

Contact Information

Bridgette Dunlap (Contact Author)
Fordham University School of Law - Leitner Center for International Law and Justice ( email )
33 West 60th Street, Second Floor
New York, NY
New York, NY 10023
United States
(212) 930-8877 (Phone)
HOME PAGE: http://www.leitnercenter.org
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