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The veil was first banned in Belgium in 2013. Boris Roessler/PA Images

Human rights court backs Belgium's ban on wearing a full-face veil in public

The court ruled that the ban sought to guarantee social cohesion.

THE EUROPEAN COURT of Human Rights yesterday upheld a Belgian ban on wearing the full-face niqab veil in public, calling the restriction “necessary in a democratic society”.

The veil is a controversial issue across Europe, with some countries banning the garment in public in the name of safety and rights groups arguing that this amounts to a violation of civil liberties.

The court ruled that the ban sought to guarantee social cohesion, the “protection of the rights and freedoms of others” and that it was “necessary in a democratic society”, a statement said.

The EU’s top rights court said a bye-law adopted in June 2008 in three Belgian municipalities “could be regarded as proportionate to the aim pursued, namely the preservation of the conditions of ‘living together’.”

It said a country should also be given a “wide margin of appreciation in deciding whether and to what extent a limitation of the right to manifest one’s religion or beliefs was ‘necessary’.”

Belgian banned the wearing of the full-face veil in June 2011. It prohibits appearing in public “with a face masked or hidden, in whole or in part, in such a way as to be unidentifiable”.

Violations can result in fines and up to seven days in jail.

In May 2012, pockets of riots broke out in the Brussels suburb of Molenbeek after a woman in a niqab was asked by two police officers to remove the garment.

France was the first European country to ban the niqab in April 2011 and there have been around 1,600 arrests since coming in to force.

The ECHR had already ruled on a challenge to the French law in 2014 when it also rejected arguments that the restriction breached religious freedom and individual human rights.

Ban ‘ensures public safety’

The Belgian case was brought by two Muslim women, Samia Belcacemi, a Belgian national, and Yamina Oussar, a Moroccan.

Both women said they chose of their own free will to wear the niqab and claimed their rights had been infringed and the law was discriminatory.

The court rejected this, saying that the law was designed to ensure “public safety, equality between men and women and a certain concept of living together in a society.”

After Belgium introduced the ban, Belcacemi continued wearing the veil for a while but stopped because of social pressure and fears she would be fined.

Oussar told the court that she had decided to stay at home, the statement from the court said.

© – AFP 2017

Read: Man arrested after attempting to drive 4×4 into Paris mosque >

Read: What is it like living as a Muslim in Ireland? >

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    Mute Tweety McTweeter
    Favourite Tweety McTweeter
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    Oct 10th 2017, 1:58 PM

    At least me dole and chilrens alowence is up so dat’ll offset some of cost for me ciggies. De kids will go hungry be4 I give up me Johnny Blus!

    312
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    Mute Neal Ireland Hello.
    Favourite Neal Ireland Hello.
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    Oct 10th 2017, 2:20 PM

    @Tweety McTweeter: How much will the tax on ancient stereotypes have to go up before you’ll break the habit?

    86
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    Mute Chris Finn
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    Oct 11th 2017, 9:07 AM

    @Neal Ireland Hello.: how much does the tax on snowflake reality rejectors have to go up before it takes effect

    3
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    Mute Gavin
    Favourite Gavin
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    Oct 10th 2017, 1:55 PM

    Stop smoking altogether! Can’t be bothered with the arguments it’ll hit lower income society! Don’t smoke then it won’t

    152
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    Mute Gillian Weir Scully
    Favourite Gillian Weir Scully
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    Oct 10th 2017, 2:45 PM

    @Gavin: yes give up if you can. I just worked out I save 167.00 on the additional tax alone. Next step stop my addiction to sugar by giving that up.

    20
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    Mute Craic head
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    Oct 10th 2017, 2:13 PM

    Just smoke weed instead it’s great.

    133
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    Mute Grumpy Bollovks
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    Oct 11th 2017, 2:32 AM

    @Craic head: good man, keep the Kinihens in business and guns on the street

    7
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    Mute Mistawez
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    Oct 10th 2017, 3:12 PM

    Strange that this can be brought in over night, yet anything useful waits until the end of the year. Pity they can’t be this productive on a daily basis!

    74
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    Mute Deirdre D'Arcy Murphy
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    Oct 10th 2017, 2:01 PM

    It should be put up by € 10 actually if not more. Major cause of hospital admissions due to smoking related diseases.

    69
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    Mute Joe Travers
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    Oct 10th 2017, 2:33 PM

    @Deirdre D’Arcy Murphy: and the huge tax smokers pay offsets the cost.

    77
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    Mute Mistawez
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    Oct 10th 2017, 3:09 PM

    @Deirdre D’Arcy Murphy: They won’t, as if people quit smoking and drinking, they’re screwed! If they really wanted people to quit, it’d be €50 a pack, but they need the money.

    I’ve no intentions of quitting, sure I get them from abroad anyway.

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    Mute Deirdre D'Arcy Murphy
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    Oct 10th 2017, 3:13 PM

    @Joe Travers: and wait until you see the final days of your / they’re lives due to smoking -shocking.

    8
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    Mute Trevor Hayden
    Favourite Trevor Hayden
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    Oct 10th 2017, 3:43 PM

    @Deirdre D’Arcy Murphy: I’m sure a pensioner who has smoked all their lives and paid taxes really deserves that.
    Think before you talk Deirdre, it’s ok for someone working but if that’s all a pensioner looks forward too, I think that sort of an increase is disgusting. And im an ex smoker.

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    Mute Grumpy Bollovks
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    Oct 11th 2017, 2:34 AM

    @Deirdre D’Arcy Murphy: no one will buy and all trade will be done black market, most of it is now anyway. Polish and Chinese smokes are available for €25 a carton (200)

    5
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    Mute Trevor Hayden
    Favourite Trevor Hayden
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    Oct 10th 2017, 3:56 PM

    Im approximately 18 months cigarette free.
    Personally I find these increases disgraceful.
    I’m not one of these ex smokers that blab such s€€€ like “each one of them takes bla bla off you life” or eugh their disgusting.
    Surprised.
    The reason why I find this increase disgraceful is 1/ The amount of tax imposed on the product by the government and 2/ Pensioners, some of them have worked hard all their lives and now live on the state pension, these increases are alright for a working person but the pensioner will go without an item such as clothing or heating to get their cigarettes.
    So to all you ex or anti smokers who gloat about this, think a little harder not harsher.

    66
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    Mute Fred Jetson
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    Oct 10th 2017, 2:01 PM

    At least we’ll get some of that welfare rise back….

    49
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    Mute rockmast
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    Oct 10th 2017, 3:58 PM

    The people selling smokes on the street will love this as they are going to have a lot more cash in their pockets.

    45
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    Mute Frederick Higginbottom
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    Oct 10th 2017, 3:30 PM

    12 euro a pack? I would expect each cigarette to be laced with cocaine for that kind of money.

    63
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    Mute Aidan O'Sullivan
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    Oct 10th 2017, 3:28 PM

    Every year its the same targets…why not put the price of a pint up to €12…alcohol is more a problem in this country than smoking. If someone wants to smoke its their choice. Whoever keeps saying to put up the price of cigarettes obvioulys never worked in hotels. This country is a joke!! Its already the most expensive for everything…they will just start turning tourists away next!

    52
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    Mute Mick Hannigan
    Favourite Mick Hannigan
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    Oct 10th 2017, 2:04 PM

    Gave up the flags on the 20th Feb, haven’t saved a penny, what ever I spent on fags I now eat that amount extra and more lol, as far as I am concerned they didn’t put them up enough, put a €5 increase on them and ban public smoking everywhere, hell just ban smoking, and if anyone caught selling on the black market it’s 20 years minimum

    59
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    Mute Andrew Mockler
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    Oct 10th 2017, 2:11 PM

    @Mick Hannigan: vote for mick “the ban” hannigan

    91
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    Mute jagmerc
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    Oct 10th 2017, 7:08 PM

    @Mick Hannigan: that’s just silly talk

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    Mute Mick Hannigan
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    Oct 10th 2017, 7:16 PM

    @Andrew Mockler: also ban you from commenting lol :)

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    Mute Mick Hannigan
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    Oct 10th 2017, 7:17 PM

    @jagmerc: get back in your sad box

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    Mute Charles McCarthy
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    Oct 10th 2017, 8:52 PM

    @Mick Hannigan: very arsh, Mick, very arsh.

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    Mute Doung O Driscoll
    Favourite Doung O Driscoll
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    Oct 10th 2017, 6:04 PM

    Time to quit smoking i think,not going to pay 12 euro for a packet of cigarettes. 100 euro a week over the next 9 months would give me a nice family holiday.

    17
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    Mute Gerald Kelleher
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    Oct 10th 2017, 6:15 PM

    @Doung O Driscoll: The book is very good and works for many people . The pharma industry is inclined to highlight the difficulty with nicotine addiction in order to push more nicotine via patches,chewing gum and what have you but the book will make you laugh and once you close the book you don’t even want to smoke -

    https://www.allencarr.com/success-stories/

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    Mute Geoff Bateman
    Favourite Geoff Bateman
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    Oct 10th 2017, 7:53 PM

    @Doung O Driscoll: I gave them up when they put Benson and Hedges up to 1.50 a packet….f
    eck it I said, I aint payi g that, and havnt had a fag since all those years ago now

    10
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    Mute Michael Fives
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    Oct 10th 2017, 5:17 PM

    I am off them nearly a year . Up a few lbs but happy i did it .

    16
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    Mute eastsmer
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    Oct 10th 2017, 3:24 PM

    €0.60 a cigarette now with six puffs per cigarette equating to 10cent per puff.
    Very few smokers left now – either in the ground or quit

    14
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    Mute M
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    Oct 10th 2017, 2:03 PM

    I last my job last month. I was in the social welfare office to arrange payment of an overpayment last year when I started work, and I told them when they asked that I didn’t expect to be entitled to dole sice I quit a job but I was encouraged to, as it could stand against me to have a gap. Somebody like me shouldn’t be getting the dole. I quit my job!

    14
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    Mute Mick Hannigan
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    Oct 10th 2017, 2:08 PM

    @M: idiot

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    Mute Lily Martin
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    Oct 10th 2017, 9:47 PM

    @M: If you feel bad about it you could always give the money to a charity or homeless shelter and live on fresh air until you find another job.

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    Mute dB O'Neill
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    Oct 10th 2017, 4:50 PM

    Baxtards.

    10
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    Mute classic
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    Oct 10th 2017, 5:16 PM

    They’ll never force me to quit, never! I love me fags i do.

    13
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    Mute Paul Mcnevin
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    Oct 10th 2017, 3:20 PM

    Value the health of our nation,by taxing everything to the fking hilt.

    18
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    Mute Mark Fields
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    Oct 11th 2017, 3:18 AM

    They could make a tax of € 0.05 per posted comment and €0.01 per thumbs up on the journal.ie and eliminate cigarette, soft drink and likely liquor and ale tales, plus no water charges. Surely that would work out?

    2
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