The Government yesterday gave the green light to bring to the advice the bill ofAndorra Go ahead which wants to ban the complete concealment of the face in public spaces, including full-face veils such as burqas or niqabs, but with a clear caveat: the text will need a thorough revision before it can become law. The executive shares the purpose of establishing a clear framework on facial identifiabilitybut detects technical legislative problems, repetitions and a legal foundation that must be readjusted.
The main nuance affects one of the axes with which Andorra Go ahead has defended the initiative: the protection of women’s dignity and freedom. As explained by minister spokesperson, Guillem Casalthe jurisprudence of European Court of Human Rights obliges to sustain a restriction of this type in the preservation of coexistence and not in the protection of the woman. The Government understand that this is the foundation compatible with the European Convention on Human Rights and proposes to review the argumentation of the text, in addition to “eliminating redundancies and simplifying its structure”, as he pointed out Casal at the press conference after the council of ministers
“This bill will have to be redone from top to bottom in terms of content and reasons”
The head of government, Xavier Espotsummarized the balance between support for the initiative and reservations about the wording. “When we share the spirit of this law proposal, we make a favorable judgment”, he said, before warning that this “does not mean that we bless the content”. spot went further and pointed out that the proposal “will have to be redone from top to bottom”, in the content and in the reasons for the limitation, for adjust it to European jurisprudence. However, he defended that Andorra must preserve certain “safety levels” and avoid situations in which the manner of covering prevents the identification of a person, as he said after the meeting of the Pact of State for Europe.
“We are in a Western country and the dignity of women is one of the values that must be respected”
The proposal, as presented Andorra Go aheadestablishes that in spaces of public use the face must remain sufficiently visible to allow ordinary visual identification. The ban would affect both integral concealment as well as partial coverage when it prevents this identification, and it would be applied in general, without reference to any particular religion or item of clothing – although Carine Montaner he did refer to burqas and burkinis when he announced the initiative in the General Council. On the other hand, strictly private spaces not accessible to the public would be left out.
The initiative foresees several exceptions. Covering the face would be permitted for health reasons, professional or work obligations, sports practice, adverse weather conditions or cultural, artistic, festive, traditional or recreational activities. The penalty regime ranges from 100 to 300 euros for minor infringements, from 300 to 1,000 for serious ones, and from 1,000 to 3,000 for very serious ones. In a first minor offence, the fine could be replaced by one warning if the behavior is corrected immediately.
The text also incorporates a specific blog on the women’s freedom It recognizes the right to decide on the appearance and the way of dressing and prohibits imposing, through violence, intimidation, threats, dependency or family or social pressureboth the use and removal of a garment or the covering of the face against the will of the woman. Highlander he claimed this point after learning the position of the executive. “We value it positively”, assured the president of the group, who summarized the proposal in two axes: “National security and the dignity of women.” “We are in a Western country and the dignity of women is one of the values ofthe west and therefore it must be respected”, he added.
The Government also proposes to study whether the regulation should be integrated into the Qualified law of public safety rather than being deployed as a separate rule. Casal explained that it will be necessary to “seriously assess” this option to avoid duplication and risks of double administrative typification. Despite the tweaks it calls for, the favorable criterion opens the door for the initiative to continue the parliamentary route if it passes the consideration of the General Councilwhich predictably will. Casal pointed out that the purpose pursued is in line with regulations adopted in other European countries and remarked that, although Andorra does not experience an “alarming” situation regarding the concealment of the face, the will is to have a frame before the phenomenon has more impact.
Text points
- EXCEPTIONS FOR COVERING YOUR FACE. Covering the face is permitted for health, professional or work reasons, sports practice, adverse weather conditions or cultural activities.
- SERIOUS PENALTIES GO UP TO 3000 EUROS. The penalties range from 100 to 300 euros for minor infractions, from 300 to 1,000 for serious ones, and from 1,000 to 3,000 for very serious ones.
- RIGHT TO DECIDE ON APPEARANCE. Andorra Endavant demands the right to decide on the appearance and the way of dressing, and to prohibit imposing the covering of the face against the will of the woman.
