On August 1, 2019, the ‘Partial ban on face-covering clothing law’ came into effect. Colloquially this is called the ‘burqa ban’ or ‘nikab ban’, but the law is not just about wearing the niqab and burqa. The ban also concerns the full-face helmet, balaclava and wearing a mask. Face-covering clothing is clothing in which only the eyes are visible. With some clothing the face is covered and the eyes are not or barely visible, such as the burqa and the full-face helmet. Of all face-covering garments, the burqa appeals most to the imagination. On the one hand, that item of clothing is called the ‘flag of fundamentalism’ and on the other hand, it is an expression of the free choice of clothing.
Ban on certain clothing in public spaces
- What is the burqa ban or niqab ban?
- Face covering clothing
- Where does the burqa ban apply?
- A fine for violation of the ban
- Citizen’s arrest
- Burqa ban in other countries
- The special thing about the burqa ban
What is the burqa ban or niqab ban?
The burqa ban is the ban on wearing face-covering clothing in certain public places where it is necessary for people to look at and recognize each other. The Dutch burqa ban is a partial ban: it applies to certain locations designated by the government. It is not a total ban that will cause the burqa or niqab to disappear from the streets. After the law comes into effect, you are still allowed to wear a burqa or niqab on the street. However, the police can ask to remove the face-covering veil if identification is necessary.
What is generally referred to as the burqa ban or niqab ban is regulated in the Partial ban on face-covering clothing law. The name burqa ban was introduced because wearing the niqab or burqa was the reason for introducing the ban. In 2005, Geert Wilders’ party – he is considered the driving force – already wanted a burqa ban and in 2006 then Minister of Immigration Policy Rita Verdonk called for a ban on face-covering clothing. After that, there was discussion for another 13/14 years about whether or not to impose such a ban and how it could be shaped. In the autumn of 2016, the House of Representatives agreed to the bill by then Minister Ronald Plasterk of the Interior and in June 2018 the Senate also approved it. The entry into force was set on August 1, 2019.
Burqa ban and non-full face helmet ban
It is not without reason that the ban has been colloquially called the ‘burqa ban’ and not the ‘full-face helmet ban’, because it was inspired by the belief that wearing a burqa or niqab in public spaces in the Netherlands should be discouraged. Clothing that covers the face would make open communication more difficult. The ban was also imposed for safety reasons: people who have evil intentions can no longer hide behind a mask, helmet or textiles at those certain locations without the risk of being stopped. The ban is formulated in a neutral manner and the bivouac, the mask and the full-face helmet are just as much face-covering clothing as the burqa and niqab, but without burqas on the bus the ban would probably never have been initiated.
Burqa / Source: Steve Evans from India and USA, Wikimedia Commons (CC BY-2.0)
Face covering clothing
Face-covering clothing is clothing that completely covers a person’s face or where only the eyes are visible. In text, the law refers to the term ‘face-covering clothing’ and when providing information about the law, images of a burqa, niqab, full-face helmet, balaclava and mask are shown.
What is a burqa?
A burqa is a garment that Muslim women wear that covers their entire body. With the burqa there is a net in front of the woman’s face, so that she can see something, but her eyes and face are almost invisible to others.
What is a niqab?
The niqab is a face-covering veil that only leaves the eyes exposed, the rest of the face is not visible. The niqab is a form of clothing that migrated to the Netherlands with Muslim women. The dress is worn by Muslim women for religious and socio-cultural reasons.
What is a full face helmet?
A full-face helmet is used by motorcyclists. It is a helmet that completely encloses the head and prevents you from seeing the wearer’s face. The helmet has a fold-up visor, but when it is closed, nothing of the face can be seen. The helmet is worn for the safety of the motorcyclist.
Nikab / Source: Marcello Casal JrABr. , Wikimedia Commons (CC BY-3.0)
Full face helmet / Source: Alexas Photos, Pixabay
Masks / Source: Couleur, Pixabay
Balaclava / Source: TheDigitalWay, Pixabay
What is a balaclava?
The balaclava is a hat that covers the entire head and leaves only the eyes and sometimes the mouth visible. The headgear was first used by British soldiers during the Crimean War in 1854. Since then, the garment has moved from army gear to home and garden use by anyone who wants a warm head. Racing drivers wear a balaclava made of fire-resistant material. Burglars wear it so they can make their move unrecognizable.
What is a mask?
A mask is a protection for your face that prevents you from being recognized. A mask can be worn in front of your face, but there are also masks that are pulled over the head and cover the entire head. Masks are mainly used during parties. You can also commit a bank robbery unrecognizable, as in the film Point Break in which a group of men with the rubber faces of American presidents go about their business.
Where does the burqa ban apply?
The burqa ban applies in public transport, education, healthcare and in government buildings. There are a few exceptions. If it is necessary to cover your face for work or sport, then you are allowed. Think of a dentist or surgeon or a school where fencing lessons are given; the physician and the athlete may continue to wear their facial protection at locations where the burqa ban applies. The face may also remain covered in some parts of healthcare institutions, where patients stay. The ban does not apply on the street, so street artists or carnival revelers may continue to wear their masks after the introduction of the burqa ban. A headscarf, face paint and a cap are also not included in the ban. If there is an event or party in a hospital, a healthcare institution where the burqa ban generally applies, masks may be worn during that party.
A fine for violation of the ban
Anyone who boards the train wearing a full-face helmet, mask, balaclava or burqa risks a fine. Whether someone is stopped depends on the employees, public transport for example, and the police. The public transport companies have a transport obligation and will not quickly kick people off the train, tram or bus, certainly not just because of their clothing. However, you may be asked to remove your face covering or leave the facility.
Citizen’s arrest
Citizens may address each other about any ban, including this ban. A citizen can ask the offender to remove the face covering or call the police. A citizen may also make a citizen’s arrest. When a criminal offense is discovered, one citizen may arrest another citizen, the offender. This is only allowed in the event of a red-handed offense and only if the offender is handed over to the police. An offender may be detained if he appears to be about to run away. Playing for one’s own judge is never allowed.
Burqa ban in other countries
Burqa bans apply in several countries. There is a complete ban in Belgium (since 2011), Bulgaria (since 2016) and France (since 2011). In those countries you are not allowed to go out on the streets in a burqa or niqab. A partial ban has been in place in Germany (since 2016), Denmark (since 2018), Italy (since the 1970s and a more specific burqa ban since 2015), Spain (since 2010), Switzerland (since 2016) and Austria (since 2017). .
Outside of Europe
Australia has had a burqa ban since 2017. In Asia, Sri Lanka imposed it on citizens in 2019. Africa has several countries where the trade in and wearing of the burqa is in some way discouraged by a ban on face-covering clothing in public places or in the workplace. Safety considerations play an important role in this. A ban applies in Morocco (since 2017), Tunisia (since 2019), Algeria (since 2018), Cameroon (since 2015), Chad (since 2015), Republic of Congo and Gabon.
Morocco
Morocco has had a burqa production and sale ban since 2017. A burqa is not part of Moroccan tradition, they say, but safety considerations were the main reason for imposing the ban. The ban came after attacks in which jihadists had hidden the weapons under their burqas.
Burqa ban
Legend
A . Netherlands
B . Belgium
C . Denmark
D . Bulgaria
E . France
F . Italy
G . Spain
H . Switzerland
I . Morocco
J . Tunisia
K . Austria
L . Sri Lanka
M . Australia
N . Algeria
O . Cameroon
P . Chad
Q . Congo
R . Gabon
The special thing about the burqa ban
The Netherlands is a free country and everyone is free to dress as he or she wants. From that point of view, it is special that a burqa ban has been introduced. It can be defended because in some situations looking and recognition is essential. Consider treatment in hospital. In education, an uncovered face is essential, because facial expressions and visible interaction are important when transferring knowledge and receiving the learning material. The conductor on the tram must also be able to check whether the photo on the public transport card corresponds to the person traveling.
Human rights
The ban on wearing a burqa or niqab goes against international human rights. The fact that a burqa ban was chosen is due to the unwillingness of Western people to regard an un-Western street scene as normal. The burqa is traditionally something of Islamic countries and not of Western European cultures. This image is shifting due to migration and because more Muslims live in Western Europe, they contribute to the street scene in the Netherlands and other Western European countries with their way of dressing.
Due to the right to freedom of expression and religion, a total boer ka ban cannot be imposed in the Netherlands. This is possible for certain situations. When safety is at stake and when recognition or identification is necessary, a burqa ban offers a solution.
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