23 April 2011

What's the French for burqa?

Written the day before the French law regarding facial covering in public (the actual title en Anglais is The Bill Prohibiting Facial Dissimulation in a Public Place) came into force. I'd meant to write about it then but "life got in the way" it'll be interesting to see how it works out.. The article is here: Libert�, �galit�, fraternit� – unless, of course, you would like to wear a burqa | Viv Groskop | Comment is free | The Observer:
Now the way it works is interesting, perhaps even quite clever:
"if they wear a veil over their face in a public place, anyone can ask them to uncover their face – or leave. ... If a woman refuses to co-operate, citizens are advised to call the police. The fine is €150."
I say possibly it is clever because it relies on activist citizens to enforce it. So if people aren't really bothered it come to be a dead letter: though, of course it would remain a bully's charter in those circumstances.
I must confess I'm also wondering whether we will see political opponents monkeying around with this. Now the article seems good at putting the arguments in favour though comes out unhappy at the illiberality of it -a perspective I tend to share. I'd rather they didn't but I'm sure I don't want to criminalise those who do -I can think of some styles of dress I'd far rather criminalise if we were to go down that road and most of them involve more cloth not less!

Anyway one comment would offer a potential test case and, having just been reading up about EHR equality legislation this is very opposite:
Presumably, it's now against the law in France to attend a fancy dress party dressed as Zorro or Catwoman. Because if there's one rule for one set of people who cover their face, that same rule should surely apply to anyone whose face is not immediately visible
.
So political opponents prepared to go into non-violennt resistance mode could do precisely those things and see what the reaction is. I'll leave you to work out the ramifications depending on whether people do or don't react to Zorro, catwoman or Spiderman in the boulevards and rues. Anyway let's see if that happens particularly in the ski season ...

And then there are the reductio ad absurdam cases:
Le Figaro has already expressed distress that it is technically against the law to wear a ski mask in a public place. Bad news for the black run at Val d'Isère. Aren't there some rampant beards that might sprout dangerously in the direction of facial dissimulation? What happens if you make your living as Papa Noel at Nouvelles Galeries' answer to Santa's grotto?

Presumably there will be case law approaches develop; but how they can do so without falling foul of EHRC is an interesting point and one to watch.

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