Some Constitutional Thoughts about the Islamic Full Veil Ban in Europe
-
Benito Aláez Corral
Professor of Constitutional Law at the University of Oviedo (Spain). He holds a PhD in Constitutional Law from the University of Oviedo and a LL.M. in German Law from the Ruhr-University of Bochum (Germany)
Abstract
This work deals critically with the Islamic full veil ban in public spaces, that is starting to be adopted in some European countries and is being echoed in some regulations in Spanish municipalities. After a brief analysis of the general bans recently passed in Belgium and France and of the partial bans adopted in schools by other countries, like Germany, Italy or the UK, the article analyses the constitutionality of the recently approved municipal bans in Spain from a constitutional perspective, including the case-law of the European Court of Human Rights. The author reaches the conclusion that according to the Sp Const 1978 an adequate interpretation of the limitations to the freedom of religion and the right to one’s own image, involved when wearing an Islamic full veil, would make a general ban on the full veil in each and every public space unconstitutional, but would allow its partial ban regarding the access to municipal buildings or services or regarding teachers and pupils at schools, as far as these partial bans could be justified by constitutional values like safeguarding of public institutions or services, or protecting the fundamental rights of others. `
About the author
Professor of Constitutional Law at the University of Oviedo (Spain). He holds a PhD in Constitutional Law from the University of Oviedo and a LL.M. in German Law from the Ruhr-University of Bochum (Germany)
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Articles
- Some Constitutional Thoughts about the Islamic Full Veil Ban in Europe
- Animals as Sentient Beings
- Understood But Undefined: Why Do Argentina and Brazil Resist Criminalising Terrorism?
- Notes
- Present and Future Relations between the ECJ and the ECtHR
- Developments Austria
- Focus: Same-Sex Partnership in Austria
- Same-Sex Partnership and right to a name
- The competence of the District Administrative Authority instead of the Office for matters of Personal Status to conclude a registered Partnership
- Non-Discrimination between Weddings and the Conclusion of Registered Partnerships: The Ferris Wheel goes round?
- ESM Treaty in accordance with the Austrian constitution
- Developments CEE
- Hungarian Constitutional Court: The Rules of Criminal Procedure in High Priority Cases
- Slovak Constitutional Court: Interpretation of the Constitution established a new gap in the constitutional system
Articles in the same Issue
- Inhalt
- Articles
- Some Constitutional Thoughts about the Islamic Full Veil Ban in Europe
- Animals as Sentient Beings
- Understood But Undefined: Why Do Argentina and Brazil Resist Criminalising Terrorism?
- Notes
- Present and Future Relations between the ECJ and the ECtHR
- Developments Austria
- Focus: Same-Sex Partnership in Austria
- Same-Sex Partnership and right to a name
- The competence of the District Administrative Authority instead of the Office for matters of Personal Status to conclude a registered Partnership
- Non-Discrimination between Weddings and the Conclusion of Registered Partnerships: The Ferris Wheel goes round?
- ESM Treaty in accordance with the Austrian constitution
- Developments CEE
- Hungarian Constitutional Court: The Rules of Criminal Procedure in High Priority Cases
- Slovak Constitutional Court: Interpretation of the Constitution established a new gap in the constitutional system
