Pertinence of a General Prohibition of the Burqa and Niqab in Spain: A Human Rights Perspective

Abstract

<p>The debate on whether to prohibit the <em>burqa </em>and <em>niqab </em>in Spain has been reopened after the recent decision of the Spanish Supreme Court on 14 February 2013. The Spanish Supreme Court held that a municipality could not pass a local law prohibiting the right to wear the full-face veil in public spaces. This article analyzes a conceptual and theoretical framework to establish that the full-face veil qualifies as an external manifestation of the right to religious freedom. Moreover, the pertinence of a <em>burqa</em>-ban in all Spanish public spaces is analyzed and a general prohibition is not found to be a suitable, necessary, and proportional measure to achieve gender equality, public order or «respect for the minimum requirements of life in society».</p><p><strong>Published online</strong>: 11 December 2017</p>