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Universality of human rights and cultural relativism in the context of the burqa ban

Author: Norbert Pal and Andrei Palade T he first operative paragraph of the Vienna Declaration and Programme of Action asserts that the universal nature of human rights and freedoms is beyond question. [1] However, having in mind France’s ban on the full face veil (which went into effect last year) we can see that things are not so simple. The veil/burqa/niqab is an outer garment worn by women in some Islamic traditions to cover their bodies in public places. While some women wear this garment as an expression of their belief, some are forced to wear facing harsh punishments in case of disobedience. First, I will try to argue why it is bad to ban such garments and then vice versa. On the one hand, the International Covenant on Civil and Political Rights guarantees everyone the right to freedom of thought, conscience and religion, as well as the freedom to manifest his or her religion or belief [2] „alone and in private, in community with others or in public.” [3] Th...