Abstract
AbstractOver the past decade, countries such as France, Belgium, Denmark, Austria, Latvia, and Bulgaria have banned face-coverings from public spaces. These bans are popularly known as ‘burqa bans’ as they seem to have been drafted with the aim of preventing people from wearing burqas and niqabs specifically. The scholarly response to these bans has been overwhelmingly negative, with several lawyers and philosophers arguing that they violate the human right to freedom of religion. While this article shares some of the concerns that have been raised, it argues that banning face-coverings in public is morally justified under certain conditions with the exception of facemasks that are necessary for the containment of infectious diseases, such as COVID-19. The reason for this is that those who publicly cover their face make it very difficult for other members of society to socially interact with them, especially for those who are deaf or hard-of-hearing, which is problematic in an age where many people are chronically lonely or at risk of becoming chronically lonely. As such, this article can be understood as a more elaborate, and arguably more sophisticated, defence of the justification that France offered for its face-covering ban before the European Court of Human Rights, namely that covering one’s face undermines the conditions for ‘living together’.
Publisher
Springer Science and Business Media LLC
Reference43 articles.
1. Aanes MM, Mittelmark MB, and Hetland J, ‘Interpersonal Stress and Poor Health: The Mediating Role of Loneliness’ (2010) 15 European Psychologist 3
2. Åkerlind I and Hörnquist JO, ‘Loneliness and Alcohol Abuse: A Review of Evidences of an Interplay’ (1992) 34 Social Science & Medicine 405
3. Assemblée N, ‘Rapport d’Information Au Nom de La Mission d’Information Sur La Pratique Du Port Du Voile Integral Sur Le Territoire National [Report of the Commission on the Practice of Wearing the Full Veil in France]’ (2010) 2262. http://www.assemblee-nationale.fr/13/pdf/rap-info/i2262.pdf. Accessed 13 September 2020
4. BBC, ‘Why Some Muslim Women Wear the Veil’ BBC News (8 August 2018). https://www.bbc.com/news/uk-45112792. Accessed 20 September 2020
5. Brauch JA, ‘The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the Rule of Law’ (2004) 11 Columbia Journal of European Law 113