Report: French advisory body says anti-burqa law will not stand

May 14, 2010, 9:49 GMT

Paris - A vital French government advisory body has declared that a law banning the wearing of the all-body Islamic veil in all public places would not withstand legal challenges, the daily Le Figaro reported Friday.

If confirmed, this would be the second time the Council of State has told the government that such a law would have 'no judicial foundation.'

In the opinion, which Le Figaro said it has seen, the Council of State noted that the European Court of Human Rights has enshrined the right of individuals to live their lives according to their convictions.

It would therefore be difficult to use the argument that wearing the veil insults the dignity of a woman if she wears it voluntarily.

In addition, a law against concealing one's face in public areas because of potential security and fraud issues would only be justified in certain places and with certain procedures, not everywhere and at all times.

A source close to Prime Minister Francois Fillon said the opinion was 'no surprise,' and would not affect the government's determination to pass legislation against the wearing of the burqa, as it is called in France.

The bill to ban the all-body veil will be presented to the cabinet next week, and is scheduled to be put before parliament in July. If it becomes law, it will go into effect in the spring of 2011.

On Wednesday, the 434 lawmakers present in the National Assembly unanimously approved a resolution declaring that 'radical practices' such as the wearing of the burqa are attacks on 'republican values.'

However, Green Party and Communist lawmakers did not take part in that vote.