Startseite Some Constitutional Thoughts about the Islamic Full Veil Ban in Europe
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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)

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Veröffentlicht/Copyright: 8. Februar 2017
ICL Journal
Aus der Zeitschrift ICL Journal Band 7 Heft 3

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

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)

Published Online: 2017-2-8
Published in Print: 2013-9-1

© 2017 by Walter de Gruyter Berlin/Boston

Heruntergeladen am 21.9.2025 von https://www.degruyterbrill.com/document/doi/10.1515/icl-2013-0302/html
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