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French government told to limit burka ban
[Al Arabiya Latest] France's top administrative body advised the government Tuesday against slapping a complete ban on the full Islamic veil but suggested outlawing the burka in some places for security reasons.President Nicolas Sarkozy's government is planning to present a bill to parliament in the coming weeks to restrict Muslim women from wearing full-face veils such as the niqab or burka. State Council Prime Minister Francois Fillon asked the State Council in January for a legal opinion before drafting the bill that he said would ban the burka in as many places as possible. But in its report, the council warned that a blanket ban would likely not stand up to a court challenge and that there were no legal grounds for it. The council said however that the government could invoke security and public order to require that faces be uncovered in public venues such as courts, schools, hospitals and during university exams, for example. "It appears to the State Council that a general and absolute ban on the full veil as such can have no uncontestable judicial basis," the council said in a report to Fillon. "That said, for reasons of security and to combat fraud and furthermore because of the requirements of some public services it would be justified to require that faces be uncovered in some places or for some procedures." Specific places not defined The council however did not spell out the specific places where the ban could be enforced and suggested that local prefects who represent the state in French departments could issue directives. For reasons of public order, a ban on covered faces could apply to banks, international conferences, sporting events and places where large crowds gather, said Jean-Marc Sauve, the council's vice president. "We are facing a very disparate and unclear situation," said Sauve, adding that lawmakers would have to decide themselves how far they wanted to go in making uncovered faces a rule. Muslim women who insist on covering themselves in violation of the law should be spared from paying a fine and instead be referred for counseling to a women's rights association, the council said. Following the report, the government is expected to press ahead quickly with legislation, which would affect the estimated 1,900 Muslim women in France who are currently veiled for religious reasons. Sarkozy has declared the burka "not welcome" in secular France and is in favor of legislation to outlaw it, although he has also warned against stigmatizing Muslims. Home to Europe's biggest Muslim minority estimated at between five and six million, France has been debating a ban on the veil, with supporters arguing it is a sign of creeping fundamentalism that must not be allowed to take hold. A parliament report in January called for a burka ban in all schools, hospitals, government offices and public transport. Posted by: Fred 2010-03-31 |
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