{"title":"法国限制伊斯兰教全脸面纱宗教习俗的法律是否构成国际难民法范围内的迫害,还是国际人权法下的合法区别?","authors":"Eeman Talha","doi":"10.14296/islr.v8i2.5337","DOIUrl":null,"url":null,"abstract":"This article intends to prove that the general blanket ban restricting the public wearing of a full-face veil in France is a law that illegitimately discriminates against Muslim women who choose to cover their face with a Niqab and Burqa. The Niqab and Burqa are both full Islamic veils, which cover the whole body including the face, leaving just a narrow slit for the eyes (Niqab) or covering the eyes too (Burqa).[1] Muslim women who wear an Islamic veil, do so as a badge of honour—one that is liberating, empowering, and brings solace because it is worn solely as a religious act of compliance to God. Such face coverings are a valid form of manifestation of freedom of religion; a freedom enshrined as a non-derogable right under International Human Rights Law.[2] Yet, Muslim women have been severely deprived of such a right since the enforcement of Loi 2010-1192 du 11 Octobre 2010 interdisant la dissimulation du visage dans l'espace public - Law 2010-1192 of 11 October 2010 on the Prohibition of Concealing the Face in Public Space.[3] This law has allowed for the nationwide marginalisation of a group of women simply trying to live in the comfort of their faith. I will contend that such a profane law is not only a clear form of indirect discrimination under International Human Rights Law through the State’s illegitimate justifications; but also, that the law amounts to persecution on cumulative grounds under the Refugee Convention 1951.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"100 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Does the French law restricting the religious practice of the Islamic full-face veil amount to persecution within the remit of International Refugee Law, or is it a legitimate distinction under International Human Rights Law?\",\"authors\":\"Eeman Talha\",\"doi\":\"10.14296/islr.v8i2.5337\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article intends to prove that the general blanket ban restricting the public wearing of a full-face veil in France is a law that illegitimately discriminates against Muslim women who choose to cover their face with a Niqab and Burqa. The Niqab and Burqa are both full Islamic veils, which cover the whole body including the face, leaving just a narrow slit for the eyes (Niqab) or covering the eyes too (Burqa).[1] Muslim women who wear an Islamic veil, do so as a badge of honour—one that is liberating, empowering, and brings solace because it is worn solely as a religious act of compliance to God. Such face coverings are a valid form of manifestation of freedom of religion; a freedom enshrined as a non-derogable right under International Human Rights Law.[2] Yet, Muslim women have been severely deprived of such a right since the enforcement of Loi 2010-1192 du 11 Octobre 2010 interdisant la dissimulation du visage dans l'espace public - Law 2010-1192 of 11 October 2010 on the Prohibition of Concealing the Face in Public Space.[3] This law has allowed for the nationwide marginalisation of a group of women simply trying to live in the comfort of their faith. I will contend that such a profane law is not only a clear form of indirect discrimination under International Human Rights Law through the State’s illegitimate justifications; but also, that the law amounts to persecution on cumulative grounds under the Refugee Convention 1951.\",\"PeriodicalId\":122771,\"journal\":{\"name\":\"IALS Student Law Review\",\"volume\":\"100 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-10-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"IALS Student Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14296/islr.v8i2.5337\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"IALS Student Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14296/islr.v8i2.5337","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Does the French law restricting the religious practice of the Islamic full-face veil amount to persecution within the remit of International Refugee Law, or is it a legitimate distinction under International Human Rights Law?
This article intends to prove that the general blanket ban restricting the public wearing of a full-face veil in France is a law that illegitimately discriminates against Muslim women who choose to cover their face with a Niqab and Burqa. The Niqab and Burqa are both full Islamic veils, which cover the whole body including the face, leaving just a narrow slit for the eyes (Niqab) or covering the eyes too (Burqa).[1] Muslim women who wear an Islamic veil, do so as a badge of honour—one that is liberating, empowering, and brings solace because it is worn solely as a religious act of compliance to God. Such face coverings are a valid form of manifestation of freedom of religion; a freedom enshrined as a non-derogable right under International Human Rights Law.[2] Yet, Muslim women have been severely deprived of such a right since the enforcement of Loi 2010-1192 du 11 Octobre 2010 interdisant la dissimulation du visage dans l'espace public - Law 2010-1192 of 11 October 2010 on the Prohibition of Concealing the Face in Public Space.[3] This law has allowed for the nationwide marginalisation of a group of women simply trying to live in the comfort of their faith. I will contend that such a profane law is not only a clear form of indirect discrimination under International Human Rights Law through the State’s illegitimate justifications; but also, that the law amounts to persecution on cumulative grounds under the Refugee Convention 1951.