Dr Kaushik Paul

Islamic 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.

In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of religion or belief. From the perspective of religious freedom, the ruling of the Strasbourg Court in Lachiri is very significant for many reasons. The purpose of this comment is critically to analyse the ECtHR's decision in Lachiri from the standpoint of religious liberty.