On Friday, Portugal’s parliament passed a divisive piece of legislation, initiating a ban on face coverings worn for gender or religious reasons in most public spaces. Spearheaded by the far-right Chega party, the legislation explicitly focuses on Islamic garments such as the burqa and niqab. These coverings would be banned in public areas, apart from airplanes, diplomatic premises, and sacred sites, with penalties ranging from €200 to €4,000, equivalent to approximately $234 to $4,670. Forcing individuals to wear such veils could result in imprisonment for up to three years (JURIST).
Chega defended the bill, asserting that concealing the face subjects individuals to exclusion and situations of inferiority, conflicting with values like liberty, equality, and dignity. They also raised public security concerns, noting that similar measures have been deemed legitimate by the European Court of Human Rights. Despite this stance, opposition from left-leaning lawmakers highlighted that the bill might infringe on personal and religious freedoms and potentially marginalize Muslim women.
The bill’s next hurdle is approval by President Marcelo Rebelo de Sousa, who holds the power to assent, veto, or refer it to the Constitutional Court for evaluation. Should it become law, Portugal would join other European nations, including France, Belgium, Austria, and the Netherlands, which have established full or partial bans on face coverings.
This legislative move raises potential conflicts with the European Convention on Human Rights (ECHR), particularly Article 9, which safeguards individuals’ rights to manifest their religion publicly. While the ECHR allows for certain restrictions to ensure public safety, such measures must be necessary and proportionate, and Portugal’s justification of security and gender equality could come under scrutiny for potentially outweighing religious expression.
The European Court of Human Rights has previously upheld some bans, acknowledging states’ “margin of appreciation,” but has also cautioned against actions that could stigmatize religious minorities. Concerns remain about whether the proposed Portuguese law aligns with international human rights obligations, especially given the delicate balance required in restricting outward religious expressions while upholding societal values and security.