A Study Of Masked Bans From The Perspective Of International Human Rights Law

Under the circumstances of fighting against terrorism and protecting human rights,many countries have passed the face veil ban which forbidding people wearing burqa in public.And with more Muslims rushing into the United States and Europe,these countries get into Muslim phobia,and some relative discussions are heating up.This paper is mainly divided into three chapters.The first chapter introduces burqa ban or face veil ban in various countries of the world,and then defines what the face veil ban is.In view of the worldwide legislation,it is a trend to weaken the religion meaning of burqa,and turns to a neutral expression.What's more,in order to avoid to be disguised as a ban only for Muslims,the "face veil" is defined as a neutral expression as clothing designed to conceal the face;and supplementary provisions in the act,always adding that other religious symbols like dresses,badges,and logos preached by extremist ideology,are also prohibited.These two points constitute the definition of "face veil ban".The second chapter studies the relationship between face veil ban and the international protection of human rights,in theory.This paper puts forward and demonstrates that face veil ban is positive to protect human rights.It argues from two perspectives.First is from the international treaties,like Universal Declaration of Human Rights,European Convention on Human Rights,International Covenant on Economic,Social and Cultural Rights,and so on.The second perspective is from the theory of "derogable righs".This paper demonstrates that face veil ban can constitute the right reduction conditions.In the third chapter,this paper discusses how to enforce the face veil ban under the international human rights protection rules,in order not to infringe the human rights.Specifically,drawn from the analysis of the European Court of human rights and other foreign judicial cases,the reasonable application of face veil ban at least must satisfy two conditions:(1)implementing under a clear legal basis;(2)restricting for legitimate purposes.And what's more,this paper analyzes the practice of legislation in China,concluding Chinese characteristics and the lack of Chinese first face veil ban.After that,we know that we still have a lot to improve.