"1. Considers that radical practices undermining dignity and equality between men and women, one of which is the wearing of the full veil, are incompatible with the values of the Republic;
2. Affirms that the exercise of freedom of expression, opinion or belief cannot be relied on by anyone for the purpose of flouting common rules, without regard for the values, rights and duties which underpin society;
3. Solemnly reaffirms its attachment to respect for the principles of dignity, liberty, equality and fraternity between human beings;
4. Expresses the wish that the fight against discrimination and the promotion of equality between men and women should be a priority in public policies concerning equal opportunities, especially in the national education system;
5. Finds it necessary for all appropriate means to be implemented to ensure the effective protection of women who suffer duress or pressure, in particular those who are forced to wear the full veil."

"France is never as much itself, faithful to its history, its destiny, its image, than when it is united around the values of the Republic: liberty, equality, fraternity. Those values form the foundation-stone of our social covenant; they guarantee the cohesion of the Nation; they underpin the principle of respect for the dignity of individuals and for equality between men and women.
These are the values which have today been called into question by the development of the concealment of the face in public places, in particular by the wearing of the full veil.
This question has given rise, for about a year now, to a wide public debate. The finding, enlightened by testimony and the report of the National Assembly's commission, is unanimous. Even though the phenomenon at present remains marginal, the wearing of the full veil is the sectarian manifestation of a rejection of the values of the Republic. Negating the fact of belonging to society for the persons concerned, the concealment of the face in public places brings with it a symbolic and dehumanising violence, at odds with the social fabric.
The decreeing of ad hoc measures has been envisaged, entailing partial bans limited to certain places and, if appropriate, to certain periods or for the benefit of certain services. Such a solution, in addition to the fact that it would encounter extreme difficulties in its implementation, would constitute no more than an inadequate, indirect and circuitous response to the real problem.
The voluntary and systematic concealment of the face is problematic because it is quite simply incompatible with the fundamental requirements of living together' in French society.
The defence of public order is not confined to the preservation of tranquillity, public health or safety. It also makes it possible to proscribe conduct which directly runs counter to rules that are essential to the Republican social covenant, on which our society is founded.
The systematic concealment of the face in public places, contrary to the ideal of fraternity, also falls short of the minimum requirement of civility that is necessary for social interaction.
Moreover, this form of public confinement, even in cases where it is voluntary or accepted, clearly contravenes the principle of respect for the dignity of the person. In addition, it is not only about the dignity of the individual who is confined in this manner, but also the dignity of others who share the same public space and who are thus treated as individuals from whom one must be protected by the refusal of any exchange, even if only visual.
Lastly, in the case of the full veil, worn only by women, this breach of the dignity of the person goes hand in hand with the public manifestation of a conspicuous denial of equality between men and women, through which that breach is constituted.
Having been consulted about the legal solutions that would be available to the public authorities in order to curb the development of this phenomenon, the Conseil d'Etat envisaged an approach based on a new conception of public order, considered in its 'non-material' dimension.
Whilst it found such an approach too innovative, it did so after noting that it was reflected in certain judicial decisions, particularly in a decision where the Constitutional Council had found that the conditions of 'normal family life' secured to aliens living in France could validly exclude polygamy, or indeed the case-law of the Conseil d'Etat itself, which allowed certain practices, even if consensual, to be proscribed when they offended against the dignity of the person. This is especially true where the practice in question, like the concealment of the face, cannot be regarded as inseparable from the exercise of a fundamental freedom.
These are the very principles of our social covenant, as solemnly restated by the National Assembly when it adopted unanimously, on 11 May 2010, its resolution on attachment to respect for Republican values, which prohibit the self-confinement of any individual who cuts himself off from others whilst living among them.
The practice of concealing one's face, which could also represent a danger for public safety in certain situations, thus has no place within French territory. The inaction of the public authorities would seem to indicate an unacceptable failure to defend the principles which underpin our Republican covenant.
It is for the sake of those principles that the present Bill seeks to introduce into our legislation, following the necessary period of explanation and education, an essential rule of life in society to the effect that 'no one may, in public places, wear clothing that is designed to conceal the face'."

Section 1

"No one may, in public places, wear clothing that is designed to conceal the face."

Section 2

"I. -- For the purposes of section 1 hereof, 'public places' comprise the public highway and any places open to the public or assigned to a public service.
II. -- The prohibition provided for in section 1 hereof shall not apply if the clothing is prescribed or authorised by primary or secondary legislation, if it is justified for health or occupational reasons, or if it is worn in the context of sports, festivities or artistic or traditional events."

Section 3

"Any breach of the prohibition laid down in section 1 hereof shall be punishable by a fine, at the rate applying to second-class petty offences (contraventions) [150 euros maximum].
An obligation to follow a citizenship course, as provided at paragraph 8 of Article 131-16 of the Criminal Code, may be imposed in addition to or instead of the payment of a fine."

Article 225-4-10

"Any person who forces one or more other persons to conceal their face, by threat, duress, coercion, abuse of authority or of office, on account of their gender, shall be liable to imprisonment for one year and a fine of 30,000 euros.
Where the offence is committed against a minor, such punishment shall be increased to two years' imprisonment and a fine of 60,000 euros."

"(...) 3. Article 4 of the Declaration of the Rights of Man and the Citizen of 1789 proclaims: 'Liberty consists in being able to do anything which does not harm others: thus the exercise of the natural rights of every man has no bounds other than those which ensure to other members of society the enjoyment of these same rights. These bounds shall be determined solely by the law'. Article 5 of the same Declaration proclaims: 'The law shall prohibit solely those actions which are harmful to society. Nothing which is not prohibited by law shall be impeded and no one shall be compelled to do that which the law does not prescribe'. Article 10 proclaims: 'No one shall be harassed on account of his opinions and beliefs, even religious, on condition that their manifestation does not disturb public order as determined by law'. Lastly, paragraph 3 of the Preamble to the Constitution of 1946 provides: 'The law shall guarantee women equal rights to those of men in all spheres'.
4. Sections 1 and 2 of the statute referred for review are intended to respond to practices, which until recently were of an exceptional nature, consisting in concealing the face in public places. The legislature was of the view that such practices might be dangerous for public safety and fail to comply with the minimum requirements of life in society. It also found that those women who concealed their face, voluntarily or otherwise, were placed in a situation of exclusion and inferiority that was patently incompatible with the constitutional principles of liberty and equality. In passing the statutory provisions referred for review, the legislature thus complemented and generalised rules which were previously reserved for ad hoc situations for the purpose of protecting public order.
5. In view of the purposes which it sought to achieve and taking into account the nature of the sanction introduced for non-compliance with the rule it has laid down, the legislature has passed statutory provisions which reconcile, in a manner which is not disproportionate, the safeguarding of public order and the guaranteeing of constitutionally protected rights. However, prohibiting the concealment of the face in public places cannot, without excessively contravening Article 10 of the 1789 Declaration, restrict the exercise of religious freedom in places of worship open to the public. With this reservation, sections 1 to 3 of the statute referred for review are not unconstitutional.
6. Section 4 of the statute referred for review, which punishes by a term of one year's imprisonment and a fine of 30,000 euros any person who forces another person to conceal his or her face, and sections 5 to 7 thereof concerning the entry into force of the statute and its implementation, are not unconstitutional. (...)"

"(...) I. Scope of the Law

1. Factors constituting the concealment of the face in public places

The concealment of the face in public places is prohibited from 11 April 2011 throughout the territory of the Republic, both in metropolitan France and in French overseas administrative areas. The offence is constituted when a person wears an item of clothing that is designed to conceal his or her face and when he or she is in a public place; these two conditions are necessary and sufficient.

(a) Concealment of one's face
Extent of the ban
Items of clothing designed to conceal the face are those which make the person impossible to identify. The face does not have to be fully concealed for this to be so.
The following are prohibited in particular, without this list being exhaustive: the wearing of balaclavas (cagoules), full-face veils (burqa, niqab, etc.), masks or any other accessory or item of clothing which has the effect, whether separately or in combination with others, of concealing the face. Since the offence is classified as a petty offence (contravention), the existence of intent is irrelevant: it is sufficient for the clothing to be designed to conceal the face.

Statutory derogations
Section 2 of the Law provides for a number of derogations from the ban on concealing one's face.
First, the ban does not apply 'if the clothing is prescribed or authorised by primary or secondary legislation'. This is the case, for example, under Article L. 431-1 of the Road-Traffic Code, which requires the drivers of motorcycles to wear crash-helmets.
Secondly, the ban does not apply if the clothing 'is justified for health or occupational reasons'. The occupational reasons concern, particularly, the subject-matter covered by Article L. 4122-1 of the Employment Code: 'the employer's instructions shall stipulate, in particular where the nature of the risks so justify, the conditions of use of any equipment, any means of protection, and any dangerous substances and concoctions. They shall be appropriate to the nature of the tasks to be performed'.
Lastly, the ban does not apply if the clothing 'is worn in the context of sports, festivities or artistic or traditional events'. For example, religious processions, when they are of a traditional nature, fall within the scope of the derogations from the ban laid down by section 1. There is also a derogation in respect of the face protections that are prescribed in a number of sports.
The provisions of the Law of 11 October 2010 apply without prejudice to any provisions which may otherwise prohibit or govern the wearing of clothing in certain public services and which remain in force.
This is the case for Law no. 2004-228 of 15 March 2004, which regulates, in accordance with the principle of secularism, the wearing of symbols or clothing displaying religious affiliation in State schools, both primary and secondary (Article L. 141-5-1 of the National Education Code and implementing circular of 18 May 2004). Other provisions remaining applicable are those of the charter of hospitalised patients, annexed to the circular of 2 March 2006 on the rights of hospitalised patients, and those of the circular of 2 February 2005 on secularism in health institutions.

(b) Definition of public places
Section 2 of the Law states that 'public places comprise the public highway and any places open to the public or assigned to a public service'.
The notion of the public highway requires no comment. It should be pointed out that, with the exception of those assigned to public transport, the vehicles that use public highways are regarded as private places. A person who conceals his or her face in a private car is thus not committing the offence referred to in the Law. That situation may, however, be covered by the provisions of the Road-Traffic Code stipulating that the driving of a vehicle must not present any risks for public safety.
Places open to the public are those places to which access is unrestricted (beaches, public gardens, public walkways, etc.) and places to which access is possible, even conditionally, in so far as any person who so wishes may meet the requirement (for example, by paying for a ticket to enter a cinema or theatre). Commercial premises (cafés, restaurants, shops), banks, stations, airports and the various means of public transport are thus public places.
Places assigned to a public service are the premises of any public institutions, courts and tribunals and administrative bodies, together with any other bodies responsible for providing public services. They include, in particular, the premises of various public authorities and establishments, local government bodies and their public establishments, town halls, courts, prefectures, hospitals, post offices, educational institutions (primary and secondary schools, universities), family benefit offices, health insurance offices, job centres, museums and libraries.

2. Lack of restriction as regards freedom of religion in places of worship

Where they are open to the public, places of worship fall within the scope of the Law. The Constitutional Council has found, however, that 'prohibiting the concealment of the face in public places cannot, without excessively contravening Article 10 of the 1789 Declaration, restrict the exercise of religious freedom in places of worship open to the public'.

3. Sanction for the offence of concealing one's face

Section 3 of the Law provides that any breach of the prohibition of face concealment in public places is punishable by a fine, at the rate applying to second-class petty offences (150 euros maximum). The imposition of this fine falls within the jurisdiction of the community courts (juridictions de proximité).
An obligation to follow a citizenship course may also be imposed by the same courts in addition to or instead of the payment of a fine. Such courses, adapted to the nature of the offence committed, must, in particular, ensure that those concerned are reminded of the Republican values of equality and respect for human dignity.

4. Sanction for the use of duress

The fact of concealing one's face in a public place may be the result of duress against the person concerned, and the third party will then have committed the offence of forcing a person to conceal his or her face.
This offence, provided for in section 4 of the Law (inserting a new Article 225-4-10 into the Criminal Code), is punishable by one year's imprisonment and a fine of 30,000 euros. Where the offence is committed against a minor, such punishment is increased to two years' imprisonment and a fine of 60,000 euros.
The punishing of such conduct is part of the public authorities' policy to combat with vigour any form of discrimination and violence against women, which constitute unacceptable infringements of the principle of gender equality.

II. Requisite conduct in public services

(a) Role of the director
In the context of the powers that he or she holds to ensure the proper functioning of the department, the director will be responsible for ensuring compliance with the provisions of the Law of 11 October 2010 and with the measures taken, in particular the updating of internal rules, for the purposes of its implementation.
It will be the director's duty to present and explain the spirit and logic of the Law to the staff under his or her authority, to ensure that they observe its provisions and are in a position to enforce compliance therewith, in the best possible conditions, by the users of the public service.
It will also be for the director to ensure that the appropriate information envisaged by the Government in the form of posters and leaflets is made available on premises that receive or are open to members of the public.

(b) Restriction of access to premises assigned to public services
From 11 April 2011 staff responsible for a public service, who may already have had to ask individuals to show their faces momentarily to prove their identity, will be entitled to refuse access to the service to anyone whose face is concealed.
In the event that the person whose face is concealed has already entered the premises, it is recommended that staff remind that person of the applicable rules and ask him or her to observe the Law, by uncovering the face or leaving the premises. A person whose face is concealed cannot benefit from the delivery of public services.
However, the Law does not confer on staff, in any circumstances, the power to oblige a person to show his or her face or leave. The exercise of such constraint would constitute an illegal act and could entail criminal proceedings. It is therefore absolutely forbidden.
When faced with a refusal to comply, the staff member or his or her line manager must call the police or gendarmerie, who are exclusively entitled to take note and make a report of the offence and, if appropriate, to verify the identity of the person concerned. Specific instructions are addressed for this purpose by the Interior Minister to the police forces.
Denial of access to a service can be reconsidered only to take account of particular emergencies, in particular those of a medical nature.

III. Informing the public

The period leading up to the entry into force of the ban on the concealment of the face should be used to ensure that members of the public are suitably informed.

(a) General information
A poster, distributed on paper or electronically by ministries, within their respective networks, will have to be displayed, in a visible manner, on premises open to the public or assigned to a public service.
The poster carries the slogan 'facing up to life in France' ('la République se vit à visage découvert') and indicates that the ban on concealing the face in public places will enter into force on 11 April 2011.
This poster may be supplemented, for the benefit of those who wish to have more precise information on the provisions of the Law, by a leaflet distributed in the various services in the same manner and according to the same procedure as the poster.
For travellers wishing to visit France, this leaflet will also be available in English and Arabic at French consulates abroad.
These two documents providing general information will also be accessible via the website www.visage-decouvert.gouv.fr, which will also include a section providing answers to the various questions raised by the implementation of the Law.

(b) Information for persons directly concerned by face concealment
A scheme for the provision of information to the persons concerned has been prepared by the Ministry for Towns and Cities, in coordination with the Ministry for Solidarity and Social Cohesion and the Interior Ministry.
The aim of this information, awareness and individual support scheme is to foster dialogue, in order to persuade the small minority who conceal their face to comply with the ban laid down by Parliament. This dialogue is not a negotiation; the idea is to bring those concerned, by a process of explanation, to renounce, of their own accord, a practice which is at odds with the values of the Republic.
The scheme, about which specific instructions have been issued by the Minister for Towns and Cities, relies in particular on associations and community networks in the field of women's rights, in particular the network of information centres on women's rights (centres d'information des droits des femmes -- CDIFF), the 300 'prefect's delegates' and 'relay adults' working in local communities. It will also mobilise all those working in social mediation, especially the mediators of the national education system.
The aim is to provide full information on the Law and personal support to those individuals who cover their face. (...)"

"(...) whilst the Community Court was wrong to disregard the religious reasons for the impugned demonstration, the judgment should not be overruled in so far as, although Article 9 of the Convention (...) guarantees the exercise of freedom of thought, conscience and religion, paragraph 2 thereof stipulates that this freedom is subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others; (...) this is the case for the Law prohibiting the full covering of the face in public places, as it seeks to protect public order and safety by requiring everyone who enters a public place to show their face; (...)"

"14. Recalling its Resolution 1464 (2005) on women and religion in Europe, the Assembly calls on all Muslim communities to abandon any traditional interpretations of Islam which deny gender equality and limit women's rights, both within the family and in public life. This interpretation is not compatible with human dignity and democratic standards; women are equal to men in all respects and must be treated accordingly, with no exceptions. Discrimination against women, whether based on religious traditions or not, goes against Articles 8, 9 and 14 of the Convention, Article 5 of its Protocol No. 7 and its Protocol No. 12. No religious or cultural relativism may be invoked to justify violations of personal integrity. The Parliamentary Assembly therefore urges member states to take all necessary measures to stamp out radical Islamism and Islamophobia, of which women are the prime victims.
15. In this respect, the veiling of women, especially full veiling through the burqa or the niqab, is often perceived as a symbol of the subjugation of women to men, restricting the role of women within society, limiting their professional life and impeding their social and economic activities. Neither the full veiling of women, nor even the headscarf, are recognised by all Muslims as a religious obligation of Islam, but they are seen by many as a social and cultural tradition. The Assembly considers that this tradition could be a threat to women's dignity and freedom. No woman should be compelled to wear religious apparel by her community or family. Any act of oppression, sequestration or violence constitutes a crime that must be punished by law. Women victims of these crimes, whatever their status, must be protected by member states and benefit from support and rehabilitation measures.
16. For this reason, the possibility of prohibiting the wearing of the burqa and the niqab is being considered by parliaments in several European countries. Article 9 of the Convention includes the right of individuals to choose freely to wear or not to wear religious clothing in private or in public. Legal restrictions to this freedom may be justified where necessary in a democratic society, in particular for security purposes or where public or professional functions of individuals require their religious neutrality or that their face can be seen. However, a general prohibition of wearing the burqa and the niqab would deny women who freely desire to do so their right to cover their face.
17. In addition, a general prohibition might have the adverse effect of generating family and community pressure on Muslim women to stay at home and confine themselves to contacts with other women. Muslim women could be further excluded if they were to leave educational institutions, stay away from public places and abandon work outside their communities, in order not to break with their family tradition. Therefore, the Assembly calls on member states to develop targeted policies intended to raise Muslim women's awareness of their rights, help them to take part in public life and offer them equal opportunities to pursue a professional life and gain social and economic independence. In this respect, the education of young Muslim women as well as of their parents and families is crucial. It is especially necessary to remove all forms of discrimination against girls and to develop education on gender equality, without stereotypes and at all levels of the education system."

"3.13. call on member states not to establish a general ban of full veiling or other religious or special clothing, but to protect women from all physical and psychological duress as well as to protect their free choice to wear religious or special clothing and ensure equal opportunities for Muslim women to participate in public life and pursue education and professional activities; legal restrictions on this freedom may be justified where necessary in a democratic society, in particular for security purposes or where public or professional functions of individuals require their religious neutrality or that their face can be seen."

"Prohibition of the burqa and the niqab will not liberate oppressed women, but might instead lead to their further exclusion and alienation in European societies. A general ban on such attire constitutes an ill-advised invasion of individual privacy and, depending on its terms, also raises serious questions about whether such legislation is compatible with the European Convention on Human Rights.
Two rights in the Convention are particularly relevant to this debate about clothing. One is the right to respect for one's private life and personal identity (Article 8). The other is the freedom to manifest one's religion or belief 'in worship, teaching, practice and observance' (Article 9).
Both Convention articles specify that these rights can only be subject to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Those who have argued for a general ban of the burqa and the niqab have not managed to show that these garments in any way undermine democracy, public safety, order or morals. The fact that a very small number of women wear such clothing has made such proposals even less convincing.
Nor has it been possible to prove that women wearing this attire are victims of more gender repression than others. Those interviewed in the media have presented a diversity of religious, political and personal arguments for their decision to dress as they do. There may of course be cases where women are under undue pressure to dress in a certain way -- but it has not been shown that a ban would be welcomed by them.
There is of course no doubt that the status of women is an acute problem -- and that this problem may be particularly true in relation to some religious communities. This needs to be discussed, but prohibiting the supposed symptoms -- such as clothing -- is not the way to do it. Dress, after all, may not reflect specific religious beliefs, but the exercise of broader cultural expression.
It is right and proper to react strongly against any regime ruling that women must wear these garments. This is in clear contravention of the Convention articles cited above, and is unacceptable, but it is not remedied by banning the same clothing in other countries.
The consequences of decisions in this area must be assessed. For instance, the suggestion that women dressed in a burqa or niqab be banned from public institutions like hospitals or government offices may result in these women avoiding such places entirely, and that is clearly wrong.
It is unfortunate that in Europe, public discussion of female dress, and the implications of certain attire for the subjugation of women, has almost exclusively focused on what is perceived as Muslim dress. The impression has been given that one particular religion is being targeted. Moreover, some arguments have been clearly Islamophobic in tenor and this has certainly not built bridges nor encouraged dialogue.
Indeed, one consequence of this xenophobia appears to be that the wearing of full cover dress has increasingly become a means of protesting against intolerance in our societies. An insensitive discussion about banning certain attire seems merely to have provoked a backlash and a polarisation in attitudes.
In general, states should avoid legislating on dress, other than in the narrow circumstances set forth in the Convention. It is, however, legitimate to regulate that those who represent the state, for instance police officers, do so in an appropriate way. In some instances, this may require complete neutrality as between different political and religious insignia; in other instances, a multi-ethnic and diverse society may want to cherish and reflect its diversity in the dress of its agents.
Obviously, full-face coverage may be problematic in some occupations and situations. There are particular situations where there are compelling community interests that make it necessary for individuals to show themselves for the sake of safety or in order to offer the possibility of necessary identification. This is not controversial and, in fact, there are no reports of serious problems in this regard in relation to the few women who normally wear a burqa or a niqab.
A related problem arose in discussion in Sweden. A jobless Muslim man lost his subsidy from a state agency for employment support because he had refused to shake the hand of a female employer when turning up for a job interview. He had claimed that his action was grounded in his religious faith.
A court ruled later, after a submission from the ombudsman against discrimination, that the agency decision was discriminatory and that the man should be compensated. Though this is in line with human rights standards, it was not readily accepted by the general public and a controversial public debate ensued.
It is likely that issues of this kind will surface increasingly in the coming years and it is healthy that they should be openly discussed -- as long as Islamophobic tendencies are avoided. However, such debates should be broadened to include the promotion of greater understanding of different religions, cultures and customs. Pluralism and multiculturalism are essential European values, and should remain so.
This in turn may require more discussion of the meaning of respect. In the debates about the allegedly anti-Muslim cartoons published in Denmark in 2005, it was repeatedly stated that there was a contradiction between demonstrating respect for believers whilst also protecting freedom of expression as stipulated in Article 10 of the European Convention.
The Strasbourg Court analysed this dilemma in the famous case of Otto-Preminger-Institute v. Austria in which it stated that 'those who choose to exercise the freedom to manifest their religion (...) cannot reasonably expect to be exempt from all criticism. They must tolerate and accept the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith'.
In the same judgment the Court stated that consideration should be given to the risk that the right of religious believers -- like anyone else -- to have their views respected may be violated by provocative portrayals of objects of religious significance. The Court concluded that 'such portrayals can be regarded as malicious violation of the spirit of tolerance, which must also be a feature of democratic society'.
The political challenge for Europe is to promote diversity and respect for the beliefs of others whilst at the same time protecting freedom of speech and expression. If the wearing of a full-face veil is understood as an expression of a certain opinion, we are in fact talking here about the possible conflict between similar or identical rights -- though seen from two entirely different angles.
In Europe, we seek to uphold traditions of tolerance and democracy. Where conflicts of rights between individuals and groups arise, it should not be seen in negative terms, but rather as an opportunity to celebrate that rich diversity and to seek solutions which respect the rights of all involved.
A prohibition of the burqa and the niqab would in my opinion be as unfortunate as it would have been to criminalise the Danish cartoons. Such banning is alien to European values. Instead, we should promote multicultural dialogue and respect for human rights."

"(...) 4. The freedom to manifest religion or belief may be exercised 'either individually or in community with others and in public or private'. The freedom to manifest religion or belief in worship, observance, practice and teaching encompasses a broad range of acts. (...) The observance and practice of religion or belief may include not only ceremonial acts but also such customs as (...) the wearing of distinctive clothing or headcoverings (...)
8. Article 18 (3) permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. The freedom from coercion to have or to adopt a religion or belief and the liberty of the parents and guardians to ensure religious and moral education cannot be restricted. In interpreting the scope of permissible limitation clauses, States parties should proceed from the need to protect the rights guaranteed under the Covenant, including the right to equality and non-discrimination on all grounds specified in articles 2, 3 and 26. Limitations imposed must be established by law and must not be applied in a manner that would vitiate the rights guaranteed in article 18. The Committee observes that paragraph 3 of article 18 is to be strictly interpreted: restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a discriminatory manner. The Committee observes that the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition. Persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent compatible with the specific nature of the constraint. States parties' reports should provide information on the full scope and effects of limitations under article 18 (3), both as a matter of law and of their application in specific circumstances. (...)"

"13. [Regulations on clothing to be worn by women in public] may involve a violation of a number of rights guaranteed by the Covenant, such as: article 26, on non-discrimination; article 7, if corporal punishment is imposed in order to enforce such a regulation; article 9, when failure to comply with the regulation is punished by arrest; article 12, if liberty of movement is subject to such a constraint; article 17, which guarantees all persons the right to privacy without arbitrary or unlawful interference; articles 18 and 19, when women are subjected to clothing requirements that are not in keeping with their religion or their right of self-expression; and, lastly, article 27, when the clothing requirements conflict with the culture to which the woman can lay a claim."

"Art. 563bis. Persons who, unless otherwise provided by law, appear in a place that is accessible to the public with their faces completely or partially covered or hidden, such as not to be identifiable, shall be liable to a fine of between fifteen and twenty-five euros and imprisonment of between one and seven days, or only one of those sanctions.
However, paragraph 1 hereof shall not concern persons who are present in a place that is accessible to the public with their faces completely or partially covered or hidden where this is provided for by employment regulations or by an administrative ordinance in connection with festive events."

"(...) B.17. It can be seen from the explanatory memorandum to the Bill which became the Law at issue ... that the legislature sought to defend a societal model where the individual took precedence over his philosophical, cultural or religious ties, with a view to fostering integration for all and to ensuring that citizens shared a common heritage of fundamental values such as the right to life, the right to freedom of conscience, democracy, gender equality, or the principle of separation between church and State. (...) the legislative history shows that three aims were pursued: public safety, gender equality and a certain conception of 'living together' in society.
B.18. Such aims are legitimate and fall within the category of those enumerated in Article 9 of the Convention (...), comprising the maintaining of public safety, the protection of public order and the protection of the rights and freedoms of others.
B.19. It remains for the court to examine whether the conditions of necessity in a democratic society and proportionality in relation to the legitimate aims pursued have been satisfied.
B.20.1. It can be seen from the drafting history of the Law at issue that the prohibition of clothing that conceals the face was largely driven by public safety considerations. In this connection the issue of offences committed by persons whose face is concealed was mentioned (...)
B.20.2. Section 34(1) of the Law of 5 August 1992 on police duties empowers police officers to verify the identity of any person if they have reasonable grounds to believe, on account of the person's conduct, any material indications or the circumstances of time and place, that the person is wanted, has attempted to commit an offence or is preparing to commit one, or is likely to cause a breach of public order or has already done so. This identity check could be hindered if the person concerned has his or her face concealed and refuses to cooperate with such a check. In addition, persons who conceal their face would in general not be, or hardly be, recognisable if they commit an offence or a breach of public order.
B.20.3. That being said, it is not because a certain type of conduct has not yet attained a level that would endanger the social order or safety that the legislature is not entitled to intervene. It cannot be blamed for anticipating such risks in a timely manner by penalising a given type of conduct when its generalisation would undoubtedly entail a real danger.
B.20.4. In view of the foregoing, the legislature was entitled to take the view that the ban on concealment of the face in places accessible to the public was necessary for reasons of public safety.
B.21. The legislature further justified its intervention by a certain conception of 'living together' in a society based on fundamental values, which, in its view, derive therefrom. The individuality of every subject of law (sujet de droit) in a democratic society is inconceivable without his or her face, a fundamental element thereof, being visible. Taking into account the essential values that the legislature sought to defend, it was entitled to take the view that the creation of human relationships, being necessary for living together in society, was rendered impossible by the presence in the public sphere, which quintessentially concerned the community, of persons who concealed this fundamental element of their individuality. Whilst pluralism and democracy entail the freedom to display one's beliefs, in particular by the wearing of religious symbols, the State must pay attention to the conditions in which such symbols are worn and to the potential consequences of wearing such symbols. To the extent that the concealment of the face has the consequence of depriving the subject of law, a member of society, of any possibility of individualisation by facial appearance, whereas such individualisation constitutes a fundamental condition related to its very essence, the ban on the wearing of such clothing in a public place, even though it may be the expression of a religious belief, meets a pressing social need in a democratic society.
B.22. As to the dignity of women, here too the legislature was entitled to take the view that the fundamental values of a democratic society precluded the imposing of any obligation on women to conceal their face, under pressure from members of their family or their community, and therefore their deprivation, against their will, of their freedom of self-determination.
B.23. However, (...) the wearing of the full-face veil may correspond to the expression of a religious choice. That choice may be guided by various reasons with many symbolic meanings. Even where the wearing of the full-face veil is the result of a deliberate choice on the part of the woman, the principle of gender equality, which the legislature has rightly regarded as a fundamental value of democratic society, justifies the opposition by the State, in the public sphere, to the manifestation of a religious conviction by conduct that cannot be reconciled with this principle of gender equality. As the court has noted in point B.21, the wearing of a full-face veil deprives women -- to whom this requirement is solely applicable -- of a fundamental element of their individuality which is indispensable for living in society and for the establishment of social contacts.
B.24. The court must further examine whether recourse to a criminal sanction to guarantee compliance with the prohibition imposed by the Law has no disproportionate effects in relation to the aims pursued.
B.25.1. The impugned provision was inserted into the Criminal Code, under the category of fourth-class petty offences, and it provides for a fine of between fifteen and twenty-five euros, with imprisonment of between one and seven days, or only one of those sanctions.
Pursuant to Articles 564 and 565 of the Criminal Code, where the offender has already been convicted, within the preceding twelve months, for the same petty offence, the court is authorised to sentence him or her, independently of the fine, to imprisonment for up to twelve days.
Article 566 of the same Code permits a reduction of the fine to below five euros, but in no case less than one euro, where there are mitigating circumstances. (...)
B.28. In so far as the individualisation of persons, of which the face is a fundamental element, constitutes an essential condition for the functioning of a democratic society, of which each member is a subject of law, the legislature was entitled to consider that the concealment of the face could endanger the functioning of society as thus conceived and, accordingly, should be punished by criminal sanctions.
B.29.1. Subject to the exception under point B.30, to the extent that the impugned measure is directed at individuals who, freely and voluntarily, hide their faces in places that are accessible to the public, it does not have any disproportionate effects in relation to the aims pursued, since the legislature opted for the most lenient criminal sanction. The fact that the sanction may be harsher in the event of a repeat offence does not warrant a different conclusion. The legislature was entitled to take the view that an offender who is convicted for conduct punishable by criminal sanctions will not repeat such conduct, on pain of a harsher sentence.
B.29.2. Moreover, it should be observed, as regards those persons who conceal their face under duress, that Article 71 of the Criminal Code provides that no offence is constituted where the perpetrator has been compelled to act by a force that he or she could not resist.
B.30. The impugned Law stipulates that a criminal sanction will be imposed on anyone who, unless any statutory provisions provide otherwise, masks or conceals his or her face totally or partially, such that he or she is not identifiable, when present in a place that is accessible to the public. It would be manifestly unreasonable to consider that such places should include places of worship. The wearing of clothing corresponding to the expression of a religious choice, such as the veil that covers the entire face in such places, could not be restricted without encroaching disproportionately on a person's freedom to manifest his or her religious beliefs.
B.31. Subject to that interpretation, [the ground of appeal is unfounded]. (...)"

"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

"The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."

"1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State."

Article 8

"1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."

Article 9

"1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others."

Article 10

"1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."