Question to the commission.
I have been contacted by a constituent who is concerned about the ban on women wearing the burka in public currently being enforced in France in accordance with this core principle of laïcit.
My constituent wonders if singling out Muslim women in terms of the clothes they chose to wear is legal?
Does the ban on women wearing the burka in France contravene any EU laws?
Status: awaiting answer from the commission.
Picture credit: Zivya.
Answer given by Ms Jourová on behalf of the Commission
The EU has no competence to legislate on the wearing of religious dress in public places. The Commission is aware that Member States have adopted different approaches to the wearing of the burqa in public places.

The Commission has no general powers to intervene with Member States in the area of fundamental rights. According to Article 51(1) of the Charter of Fundamental Rights of the European Union, the provisions of the Charter are addressed to Member States only when they are implementing Union law.

Consequently, in matters concerning the wearing of religious dress in public places, it is for each Member State to ensure that its obligations regarding fundamental rights — as resulting from international agreements and in particular from the European Convention on Human Rights as well as from its national constitution — are respected.

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