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Yaker v. France

Communication No. 2747/2016 (2018)

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Yaker v. France

United Nations Human Rights Committee
Communication No. 2747/2016 (2018)

Facts

French law criminalized wearing clothing intended to conceal the face in public spaces, regardless of the form or reason for the clothing. The law expressly identified several exceptions, including clothing worn for health, professional, sporting, artistic, or festive reasons. Although the law, on its face, did not target religious practices, it was mostly enforced against Muslim women wearing niqabs, which were full-face veils. After Sonia Yaker (plaintiff) was convicted by a French court for wearing a niqab in public, she filed a complaint against France (defendant) with the United Nations Human Rights Committee (the committee). She claimed that her conviction violated her rights under the International Covenant on Civil and Political Rights (ICCPR), specifically her rights to religious freedom under Article 18 and freedom from religious discrimination under Article 26. France argued that its ban did not violate Article 18 because (1) being able to facially identify persons in public was key to public safety and (2) being able to see others’ faces was an essential element of social life. The committee considered the parties’ arguments.

Rule of Law

Issue

Holding and Reasoning ()

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