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2011-06-07 - Superior Court of Justice of Catalonia

Public space · Spain · Dress code · Headscarf

City council ban on full veil

Key facts of the case - Judicial review of a city council decision to prohibit the wearing of the full veil in public space.

Main reasoning of the court - The Court holds that the full-veil prohibition that was approved by the City Council of Lérida does not constitute an illegitimate restriction of freedom of religion of Muslim women. It argued that, in view of the doctrine of the Strasbourg Court on personal religious symbols, such prohibition was prescribed by law and could be considered necessary in the context of a democratic society for both the protection of public order and of the rights and freedoms of others.
The Court also affirmed that the use of the burqa is not compatible with one of the values and principles of our society that cannot be waived, namely the equality among men and women.