Banning Islamic Veils: Is Social Cohesion (or Living Together) a Valid Argument?

Abstract

AbstractIslamic veiling has attracted a remarkable degree of international and domestic attention in the current political climate. In the popular and political climate, the argument for social cohesion (or living together) is frequently invoked to justify bans on wearing Islamic veils. For example, the social cohesion argument was widely used in parliamentary debates leading up to the bans on wearing Islamic full-face veils (such as burqa or niqab) in France and Belgium. In response to the French and Belgian bans, the European Court of Human Rights has ruled that a ban on wearing Islamic full-face veils is justified on the grounds of living together, rulings that many academic circles have criticized. Yet in this extensive commentary on the bans of Islamic veiling, one important question remains unanswered: Is social cohesion (or living together) a valid argument for banning the wearing of Islamic veils? The author explores this question through the lens of the European human rights framework and analyzes the ECtHR’s approach to French and Belgian anti-veil legislation enacted on the grounds of social cohesion.