With the favorable votes of the parliamentary right, this Friday (October 17) the bill no. 47/XVI/1stpresented by the Chega party, which aims to prohibit hiding your face in public spaceswith some exceptions. The proposal, inspired by similar legislation in countries such as France, Belgium and Denmark, is defended by the party as a measure of public security and defending the dignity of womenbut promises to generate constitutional and social debate.
What the project proposes
The text delivered by the Chega parliamentary group, led by André Ventura, has seven articles and establishes, in practice, the prohibition of any form of clothing that prevents facial identification in public places — a formulation that encompasses the burqa, niqab and other religious items that cover the face, but not the hijabfor example, as it basically consists of a veil that is placed around the head, covering the ears, neck, and hair, but leaving the face visible (see below).
Let us detail the bill, article by article:
In article 1 (Object)the bill establishes that this diploma creates safety and prevention rules associated with the identification of citizens in public spaces.
Article 2 (Prohibition of hiding one’s face) provides for the prohibition of wearing clothing that prevents the display of the face in public places and also prohibition of forcing someone covering their face for religious or gender reasons.
Article 3 (Definitions) specifies that they are considered public spaces public roads, places open to the public and buildings used for public services, including transport, hospitals and schools. The prohibition extends to sporting events and demonstrations.
Article 4 (Exceptions) identifies several exceptions, including:
– Health reasonsprofessional, artistic, entertainment or advertising;
– Places of worship e diplomatic and consular facilities, as well as aircraft;
– Weather conditions, security reasons or other situations provided for by law.
In article 5 (Sanctions) fines are foreseen between 200 and 2,000 euros in case of negligent use and between 400 and 4,000 euros in case of use with intent (intention).
In article 6 (Forced concealment of the face) it is established that whoever forces another person to hide their face through violence, threat or abuse of power may be punished under article 154 of the Penal Code.
Finally, article 7 (Entry into force) stipulates that the law, if approved, will come into force 30 days after publication in Diário da República.
Chega’s arguments
In the explanatory memorandum that precedes the proposal of the bill’s articles, Chega invokes the principle of equality and secularism of the Stateprovided for in the Constitution of the Portuguese Republic and the Law on Religious Freedom, arguing that no religious symbols should be privileged or permitted in public institutions.
Chega cites the French law of 2010which prohibits hiding one’s face in public, and ruling of the European Court of Human Rights who considered this prohibition legitimate, maintaining that “the preservation of the conditions of life in society is a legitimate objective”.
The party also mentions examples from European countries — such as Netherlands, Denmark, Austria, Bulgaria and Belgium — which adopted similar measures, with fines ranging between 135 and 750 euros.
According to the proposal, “the Republic must be seen with an open face”an expression taken from the preamble of French law, which Chega recovers to defend the idea of a society based on transparency, identification and equality between men and women.
The text further argues that “Hiding your face is violating the minimum requirements of life in society” and that allowing the burqa or niqab would be “incompatible with the principles of freedom, equality and human dignity”.
On a symbolic level, the party argues that this measure “affirms respect for the dignity of women”opposing, according to the text, those who “invoke such a principle in vain”.