The French ‘burqa’ ban: ECHR judgment poses general threat to minority rights

Hilal Elver, author of The Headscarf Controversy: Secularism and Freedom of Religion, examines last month’s ruling by the Grand Chamber of the European Court of Human Rights affirming France’s ban on the wearing of the full-face veil in public. She writes:

By now, it is clear that Article 9 of the European Convention does not protect freedom of religion when the subject is a woman and the religion is Islam…. The ECHR acted politically and opportunistically not to challenge France’s strong Republicanism and principles of laicité, sacrificing the rights of the small minority of Muslims who wear the full-face veil. Rather than protecting the individual freedom of the 2000 women, the ECHR protected the majority view of France.

The ECHR is the most powerful supra national human rights court and its decisions have widespread impact. Several countries in Europe, such as Denmark, Norway, Spain, Austria, and even the UK, have already started to discuss whether to create similar laws banning the burqa in public places. This raises concerns that cases related to the cultural behavior and religious practices of minorities could shift public opinion dangerously away from the principles of multiculturalism, democracy, human rights and religious tolerance.

The most recent law bans the full-face veil, but tomorrow, the prohibitions may be against halal food, circumcision, the location of a mosque or the visibility of a minaret; even religious education might be banned for reasons of public health, security or cultural integration.

OUP Blog, 17 August 2014

Christine Tasin convicted of hate crime

Christine Tasin l'islam est une saloperieChristine Tasin, president of the French far-right anti-Muslim organisation Résistance Républicaine, has been convicted of incitement to racial hatred for comments she made about Islam in October last year.

During an exchange with members of the Muslim community, a video of which was posted on Youtube, Tasin declared: “Yes I’m an Islamophobe, so what? Hatred of Islam is something I’m proud of. Islam is a piece of shit … it is a danger to France.”

As a result, the Coordination contre le racisme et l’islamophobie filed a complaint against her. The prosecution stated that Tasin’s words were “likely to provoke the rejection of Muslims by designating them as a threat to France”.

Tasin, who turned up in court dressed in the blue, white and red of the French national flag, received a three-month suspended prison sentence and a €3000 fine.

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Kahanist graffiti on Marseille mosque

Marseille mosque JDL graffiti

The Collectif contre l’Islamophobie en France reports that graffiti has been sprayed on the wall of the Muslim Centre of Marseille by the extremist Jewish Defence League. The slogans, which read “Israel will live” and “JDL is watching”, are accompanied by a Star of David.

The CCIF points out that for several years it has called for Muslim places of worship to be protected as well as Jewish places of worship. When he was minister of the interior, Manuel Valls stated that this was under consideration. But nothing has been done since.

See also “‘Israël vivra’, ‘LDJ veille’ et une étoile de David tagués sur une mosquée de Marseille”, Des Dômes Et Des Minarets, 1 August 2014

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Are French Muslims integrated? Depends on what you mean by integration

Jennifer Fredette, assistant professor of political science at Ohio University and author of Constructing Muslims in France – Discourse, Public Identity, and the Politics of Citizenship, takes up the misuse of the term “integration” in the French context, where it is reinterpreted to justify a one-sided and discriminatory demand for assimilation:

The social scientific definition of “integration” refers to a dual process whereby immigrants embrace and become invested in their new home and are, in turn, accepted as equals by those who were there before them. In French political discourse, however, the term “integration” generally loses the reciprocal connotation. Here, a “failure of integration” refers lopsidedly to the inability of immigrants to assimilate into local customs and attitudes, consequently retaining markers of social difference that set them apart….

Politicians on the far right are not alone in questioning the civic virtues of French Muslims: they are joined by politicians on the center-right and the left. The media are full of articles questioning the Frenchness of Muslims. Several respected intellectuals have gone so far as to critique Islam or practices some Muslims choose to follow as incompatible with the Republic.

When these shapers of public opinion consistently raise criticisms of Muslims and demand legal action against the headscarf in public primary and secondary schools, universities, and beach areas; against the niqab in public; and against prayer in the streets (which resulted from a lack of prayer space and open hostility at the municipal level to mosque construction), they rarely exhibit any self-awareness that they themselves are standing in the way of the second half of integration.

Monkey Cage, 29 July 2014

Nazi graffiti on Muslim prayer room in Nièvre

La Charité-sur-Loire graffiti

Nazi graffiti was discovered on Saturday morning on the walls of a building used as a prayer room for the Muslim community at La Charité-sur-Loire (Nièvre) , according to statements by the Cosne-sur-Loire police on Sunday.

Swastikas, SS insignia and the words “Fuck the Arabs” were inscribed in white paint on the walls of an old garage in the town, according to the same source, confirming a report in the regional newspaper Le Journal du Centre .

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Muslim women thrown out of French swimming pool for wearing ‘burkinis’

Rives des CorbieresTwo Muslim women were ordered to leave a swimming pool in a French holiday village on the southwest coast for wearing body-covering “burkinis”. The women had plunged into the pool at le Port Leucate wearing full body swimsuits, including a head-covering hijab veil, but were immediately told to get out of the water.

The women at the Rives des Corbieres holiday camp were told to leave as they had breached the camp’s rules allowing only conventional bikinis or one-piece swimsuits “for hygiene reasons”.

Police received conflicting accounts of what happened next. The pool’s lifeguard filed a complaint saying the husband of one of the women threatened him with a bowling ball. The husband filed a complaint claiming security personnel beat him up.

Marie-Paule Bardeche, a regional government official said: “This is above all an issue stemming from the holiday centre’s internal regulations, in place for hygiene and sanitary reasons. Access to the swimming pool is reserved for ordinary swimsuit wearers.”

The holiday camp where the burkini incident took place is run by a staunchly secular organisation called the “Aude federation of secular works”.

Daily Telegraph, 22 July 2010


See also the Daily Mail, 22 July 2010

Here are some comments from the Mail (bear in mind that they have been “moderated in advance”):

“Hooray for the French. If burka-wearers are so extreme in their islamic views, then why don’t they go back to their islamic countries?”

“Well, France always was the pioneer of common sense … now it is, hopefully, paving the way for the rest of Europe regarding the encroachment of Islamofascism.”

“Stupid women in stupid outfits, taking orders from stupid men with stupid ideas. End of story. Well done to France for having the backbone to ban these idiots.”

“The French are finally fighting back after decades of being intimidated by the enormous mass of their immigrant population from North Africa. Immigrants which were brought in by the millions by previous misguided politicians, as a permanently loyal voter base – except they turned out not to be loyal at all. Now the French have to cope with riots in the streets by the disaffected immigrants’s children. With unmanageable crime rates. With crippling Welfare costs. And with the slow but sure disintegration of their culture, institutions and way of life. Does that sound familiar?”

“Well done France – a nation prepared to fight for their heritage and culture in the face of the coloniser’s onslaught.”

“GOOD, they deserve to be kicked out … this thing were we in the west pamper to the wims of these fanatics should stop.”

“It would never happen in this country, we the British would be asked to leave before muslims.”

“You have to admire the French, they don’t stand for any nonsense unlike the British who pander to anyone who is not British.”

“Why should radical Muslims think they can have special treatment. In fact far too many people are kowtowing down to these radicals demand.”

“if Muslims don’t like the way we do things in Europe then it’s quite simple they should go and live in a Muslim country. This would stop the tension for Muslims and non-Muslims.”

“GOOD! Bravo France. Its about time people in the West stood up to this. If they dont like our laws, rules and beliefs and have no respect for them then fine, go and live in a Muslim country that does.”

“Well done France! If women still decide to wear this form of attire then they have no right to be in a Western country.”

French mosque site desecrated with pig’s head

Ambérieu-en-Bugey pig's headThe Collectif contre l’Islamophobie en France  and Al Kanz have reported that, barely a month after work began on the site of a future mosque in Ambérieu-en-Bugey in the Rhône-Alpes region, it has been desecrated with a pig’s head on a stick.

Rafik Goucem, president of the UCMA (Union cultuelle des musulmans d’Ambérieu), the association in charge of the mosque, issued a statement condemning the act and calling on Muslims not to respond to this provocation. He points out that the Muslim community in Ambérieu-en-Bugey has always had excellent relations with the town and its citizens and hopes this is an isolated incident.

The UCMA has lodged a complaint with the police and expresses confidence that the authorities will do everything possible to ensure that the perpetrators are apprehended.

Al Kanz suggests that in order to show solidarity with the UCMA and assist the financing of the mosque it would be appropriate to make a donation to their fund.

France suspends plans for Halal prison meals

Saint-Quentin-Fallavier prisonFrance’s highest administrative body has suspended a plan to provide Halal meals for Muslim inmates in one prison in the country’s east.

The council of state ruled on Wednesday that providing Halal meat at Saint-Quentin-Fallavier prison in the city of Grenoble was impractical “owing to its financial cost and high needs for organisation”.

France’s Justice Minister Christiane Taubira, who had been contesting the plan since 2013, argued it would infringe on France’s rules on secularism that ban religious expression in public places.

France’s highest appeals court will make the final decision in the case.

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Legal challenge to French mayor’s ban of Muslim hijab on beach

Affiche wissous plageAfter two mothers wearing Muslim hijabs, or headscarves, were refused access to a beach in the French municipality of Wissous, its regional government of Essone on Saturday legally challenged Wissous’ ban on the wearing of religious symbols.

The Versailles Administrative Court, approached in an urgent joint application by Essone and by the Collective Against Islamophobia in France (CCIF), was due to give its decision late Saturday afternoon.

Wissous Mayor Richard Trinquier, of the right-wing UMP party, had been at the beach the previous Saturday and had made the decision to turn the women away. Wissous is about 30 kilometres south of Paris and is a popular summer leisure spot.

Trinquier told the hearing the beach rule protected France’s commitment to secularism. He said it was in no way an obstacle to the practice of religion, but that there had been an increasing presence of religious symbols in public, which were “an obstacle to living together”.

The applicants argued that the by-law forbidding religious symbols on the beach established by the mayor amounted to “religious discrimination” that “violates the principles of the Republic”.

The rule “violates a fundamental freedom, the freedom of religious belief”, argued the lawyer for the CCIF, Sefen Guezguez. He said it showed a misunderstanding of the law.

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French mayor bans hijab from beach

Richard TrinquierTwo mothers were refused access to the beach at Wissous, Essonne, because they were wearing Muslim headscarves.

The women had taken their children to the popular summer leisure venue at the weekend, but they fell foul of a new bylaw that refuses entry to anyone wearing distinctive “religious symbols”.

Patrick Kitnais, director of the mayor’s office told Europe 1 that the women were wearing a hijab, a scarf that covers the head but does not hide the face. “The mayor was there, so he denied access to these people,” he said.

The town’s UMP mayor, Richard Trinquier [pictured], who ousted Socialist incumbent Roy Regis-Chevalier in March’s municipal elections, insisted he had applied “the law of the Republic and secularism”, in refusing entry to the two women, and said anyone wearing a distinctive cross or yarmulke would also be banned.

He said that the beach at Wissous is not a public place. It is, he said, a public establishment – and therefore it is bound by laws that prohibit the wearing of religious symbols. “If women remove their veils, they are welcome,” he said.

A 2004 law governing the wearing of conspicuous religious symbols applies only to educational establishments.

Former mayor Mr Regis-Chevalier branded the incident an “Islamophobic act”. And Abdelkrim Benkouhi, president of local Islamic association Al Madina, said: “The children were shocked and did not understand why they could not play on the inflatables like every other child. In previous years, there have been no problems.”

Representatives of Al Madina met the mayor to discuss the matter, but the two sides could not reach an agreement, Le Parisien reports. “The mayor says it is a private space. This is pure and simple discrimination,” Mr Benkouhi said.

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