Bill 62: Restrictions on Freedom or Proponent of Neutrality?

By Mireille Pichette

The ban on wearing articles of clothing that cover one’s face has become a pressing domestic and international issue. The media has framed these laws as disproportionately affecting women who wear burqas or niqabs, and extend them not only to the professional sphere but to the public sphere as well. Courts in France, Spain, Italy, Switzerland, Germany, Belgium, the Netherlands, and Bulgaria have adopted similar laws.[1] Quebec now sets out to follow in the footsteps of these nations. On October 18^th 2016, in the 1^st session of the 41^st Legislature of the Parliament of Quebec, Bill 62 was introduced.[2] Bill 62 purports to be “an Act to foster adherence to state religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies”.[3] This isn’t the first time a Bill such as this has been introduced in Quebec and many have compared this Liberal bill with the controversial secularism charter introduced by the Parti-Quebecois in 2013.[4]

Bill 62 sets out to foster the State’s religious neutrality by imposing a duty of neutrality on all personnel of public bodies whilst in the office[5]. This specifically requires that personnel members of public bodies have their face uncovered, but also extends to those receiving services from such personnel, thus including not only the professional sphere of public servants but also everyday citizens seeking services.[6]

There has been significant backlash against Bill 62. On one hand human rights organisations opine that bans on full face veils violate international human rights law. For this reason[7] Amnesty International does not support general prohibitions of this sort and urges states not to adopt such legislation because it would violate rights of freedom of expression of religion of “women who choose to wear a full face veil as an expression of their religious, cultural, political or personal identity or beliefs.”[8] According to Amnesty, not only is it wrong to compel women to dress in a certain way, it is equally wrong for women to be prohibited by law from wearing religious attire.[9] On the other hand, there are those who take the view that this Bill in fact does not go far enough in that it targets face coverings but not religious symbols more widely.[10]

To fully understand the scope and effects this bill could have in Quebec, consider the similar law enacted in France. France passed a law banning any veils that cover the face in 2013.[11] While this law was upheld by the European Court of Human Rights (ECtHR)[12] it was largely condemned in the media as a ‘travesty of justice.’[13] The ECtHR found that although the ban interfered with ‘right to private life’ and ‘freedom to manifest one’s religion’ it was justified under the state’s right to ensure conditions of “living together”.[14] This issue was recently revisited in the media with regards to the ‘burkini bans’ in France.[15] Although facing international criticism, France largely upholds such a ban as aligning with its identity as a secular state. This is a key differentiator between the European adoption of these laws and the proposed bans in Quebec. Bill 62 is aimed at conserving neutrality, not secularism.[16] Neutrality in this context would treat all religions equally, whereas secularism seeks to remove religion from the public sphere upholding the state at its core.[17]

Parliament has concluded its hearings into Bill 62, raising questions as to the ambit of the Bill with regards to its disproportionate effect on the freedom of choice of women[18], and a delineation of neutrality as compared to secularity.[19]

 

[1] Margolis, Hillary. “Intolerance Unveiled in Quebec.” Human Rights Watch. Human Rights Watch, 25 Oct. 2016. Web. 23 Nov. 2016.

[2] Vallee, Stephanie. “Bill N°62 : An Act to Foster Adherence to State Religious Neutrality And, in Particular, to Provide a Framework for Religious Accommodation Requests in Certain Bodies – National Assembly of Québec.” Bill N°62. National Assembly, 2015. Web. 23 Nov. 2016.

[3] An Act to Foster Adherence to State Religious Neutrality And, in Particular, to Provide a Framework for Religious Accommodation Requests in Certain Bodies, S. 62, 41 Cong. (2016). Print.

[4] Vallee, Stephanie. “Bill N°62 : An Act to Foster Adherence to State Religious Neutrality And, in Particular, to Provide a Framework for Religious Accommodation Requests in Certain Bodies – National Assembly of Québec.” Bill N°62. National Assembly, 2015. Web. 23 Nov. 2016.

[5] An Act to Foster Adherence to State Religious Neutrality And, in Particular, to Provide a Framework for Religious Accommodation Requests in Certain Bodies, S. 62, 41 Cong. (2016). Print.

[6] An Act to Foster Adherence to State Religious Neutrality And, in Particular, to Provide a Framework for Religious Accommodation Requests in Certain Bodies, S. 62, 41 Cong. (2016). Print.

[7] At the same time, they do recognise that some clearly defined restrictions would be legitimate. See for example http://www.amnestymena.org/en/magazine/issue16/Hijab.aspx?articleID=1021

[8] Amnesty International. “Bans on Full Face Veils Would Violate International Human Rights Law.” Bans on Full Face Veils Would Violate International Human Rights Law. Amnesty International, 2010. Web. 23 Nov. 2016.

[9] International, Amnesty. “Bans on Full Face Veils Would Violate International Human Rights Law.” Bans on Full Face Veils Would Violate International Human Rights Law. Amnesty International, 2010. Web. 23 Nov. 2016.

[10] Valiante, Giuseppe. “Quebec Government Blasted on Day 1 of Hearings into Bill on Religious Neutrality.” CBCnews. CBC/Radio Canada, 18 Oct. 2016. Web. 23 Nov. 2016.

[11] Vandoorne, Saskya. “French Senate Approves Burqa Ban.” CNN. Cable News Network, 15 Sept. 2010. Web. 23 Nov. 2016.

[12] S.A.S v France. European Court of Human Rights. 1 July 2014. ECHR. N.p., 1 July 2014. Web. 23 Nov. 2016. See also Willsher, Kim. “France’s Burqa Ban Upheld by Human Rights Court.” The Guardian. Guardian News and Media, 01 July 2014. Web. 23 Nov. 2016.

[13] International, Amnesty. “First French Fines for Veiled Women a ‘travesty of Justice'” Amnesty International Canada. Amnesty International, 2011. Web. 23 Nov. 2016.

[14] S.A.S v France. European Court of Human Rights. 1 July 2014. ECHR. N.p., 1 July 2014. Web. 23 Nov. 2016.

[15] Taylor, Adam. “7 Facts about France’s Burkini Ban That Make Outsiders Very Uncomfortable.” The Independent. Independent Digital News and Media, 2016. Web. 23 Nov. 2016.

[16] Valiante, Giuseppe. “Quebec Government Blasted on Day 1 of Hearings into Bill on Religious Neutrality.” CBCnews. CBC/Radio Canada, 18 Oct. 2016. Web. 23 Nov. 2016.

[17] Delmar, Dan. “Why Quebec Values Remain Undefined after a Decade of Debate.” Montreal Gazette. Montreal Gazette, 22 Nov. 2016. Web. 23 Nov. 2016.

[18] Sunderland, Judith. “Banning Muslim Veil Denies Women a Choice, Too.” Human Rights Watch. Human Rights Watch, 25 Sept. 2012. Web. 23 Nov. 2016.

[19] Delmar, Dan. “Why Quebec Values Remain Undefined after a Decade of Debate.” Montreal Gazette. Montreal Gazette, 22 Nov. 2016. Web. 23 Nov. 2016.

 

Works Cited

An Act to Foster Adherence to State Religious Neutrality And, in Particular, to Provide a Framework for Religious Accommodation Requests in Certain Bodies, S. 62, 41 Cong. (2016). Print.

Amnesty International. “Bans on Full Face Veils Would Violate International Human Rights Law.” Bans on Full Face Veils Would Violate International Human Rights Law. Amnesty International, 2010. Web. 23 Nov. 2016.

Amnesty International. “First French Fines for Veiled Women a ‘travesty of Justice'” Amnesty International Canada. Amnesty International, 2011. Web. 23 Nov. 2016.

Delmar, Dan. “Why Quebec Values Remain Undefined after a Decade of Debate.” Montreal Gazette. Montreal Gazette, 22 Nov. 2016. Web. 23 Nov. 2016.

Margolis, Hillary. “Intolerance Unveiled in Quebec.” Human Rights Watch. Human Rights Watch, 25 Oct. 2016. Web. 23 Nov. 2016.

S.A.S v France. European Court of Human Rights. 1 July 2014. ECHR. N.p., 1 July 2014. Web. 23 Nov. 2016.

Sunderland, Judith. “Banning Muslim Veil Denies Women a Choice, Too.” Human Rights Watch. Human Rights Watch, 25 Sept. 2012. Web. 23 Nov. 2016.

Taylor, Adam. “7 Facts about France’s Burkini Ban That Make Outsiders Very Uncomfortable.” The Independent. Independent Digital News and Media, 2016. Web. 23 Nov. 2016.

Valiante, Giuseppe. “Quebec Government Blasted on Day 1 of Hearings into Bill on Religious Neutrality.” CBCnews. CBC/Radio Canada, 18 Oct. 2016. Web. 23 Nov. 2016.

Vallee, Stephanie. “Bill N°62 : An Act to Foster Adherence to State Religious Neutrality And, in Particular, to Provide a Framework for Religious Accommodation Requests in Certain Bodies – National Assembly of Québec.” Bill N°62 : An Act to Foster Adherence to State Religious Neutrality And, in Particular, to Provide a Framework for Religious Accommodation Requests in Certain Bodies – National Assembly of Québec. National Assembly, 2015. Web. 23 Nov. 2016.

Vandoorne, Saskya. “French Senate Approves Burqa Ban.” CNN. Cable News Network, 15 Sept. 2010. Web. 23 Nov. 2016.

Willsher, Kim. “France’s Burqa Ban Upheld by Human Rights Court.” The Guardian. Guardian News and Media, 01 July 2014. Web. 23 Nov. 2016.