![]() "It falls under the freedom of expression, which is clearly governed by European law. These three articles are applicable." In his eyes, the so-called anti-burqa law is the easiest to use as it is very clear: concealing one's face in public spaces is illegal, and political demonstrations are not one of the allowed exceptions.īut, objected Alexis Baudelin, a lawyer at the Paris bar, that law was not designed to apply to political demonstrations and cannot be applied to them. "The action of wearing a balaclava during a demonstration is punishable by a fine, the action of wearing a balaclava on the public highway is punishable by a fine. Jean-Marc Markus, professor of public law at the Université Paris-Saclay, thought the legislation is largely sufficient. The three legal experts interviewed by Le Monde believe that the masked activists were in violation of the law – but with different interpretations. While all three laws are theoretically applicable, none is specifically designed to respond to this situation. What about the neo-fascist demonstration on May 6? Nevertheless, a Rennes Court of Appeal ruling in September 2021 confirmed that the mere fact of concealing one's face was not sufficient for the offense to be established, and that the use of a gas mask at a demonstration to protect oneself from tear gas constituted a legitimate reason. ![]() "The only purpose was to make it a crime, and therefore to allow people to be taken into police custody and removed from demonstrations."ĭemonstrations are now covered. "There is almost no difference between this law and the 2009 law," noted Audrey Darsonville, a professor of criminal law at the Université de Lille-2. Article 431-9-1, now stipulates a sentence of one year's imprisonment and a fine of €15,000 for voluntarily concealing all or part of the face "without legitimate reason" whilst attending a demonstration "during or at the end of which disturbances to public order are committed or are likely to be committed." In April 2019, after the damage to property that occurred during some Yellow Vest demonstrations, a new law was enacted that was harsher than the 2009 law. 2010-1192 of October 11, 2010, stipulates that "none may wear an outfit intended to conceal their face in a public place." It does, however, provide exceptions, such as health or professional reasons, or as part of sports practices, festivals and artistic or traditional events. The penal code provides exceptions, such as "local customs" (for example, during a carnival) or legitimate reasons, such as a health need.Ī year later, under the impetus of another interior minister, Brice Hortefeux, a second law was passed, this time indirectly targeting religious symbols in the street, and particularly Islamic women's clothing (burqa, niqab) – without explicitly mentioning them. the circumstances must give rise to fears of a disturbance of public order.concealing one's face voluntarily so as not to be identifiable.presence in the demonstration or in the immediate vicinity.There are several criteria to establish whether the rule applies: Since then, Article R645-14 of the penal code has stipulated that anyone concealing their face during a demonstration can be fined €1,500. ![]() Three provisions have been adopted in recent years.Īfter some trouble on the sidelines of a NATO summit in Strasbourg in 2009, then interior minister Michèle Alliot-Marie signed a so-called anti-balaclava decree. After the government was accused of complacency, Prime Minister Elisabeth Borne described the images as "shocking," but pointed out the yearly demonstration was legal.įrom a legal perspective, one detail struck many observers: the fact that many participants for masks and balaclavas, in apparent violation of various legal provisions aimed at preventing demonstrators from concealing their faces. Nearly 600 members of neo-fascist groups marched through the streets of Paris on Saturday, May 6, causing commotion and concern. On May 6, several hundred far-right activists demonstrated in the streets of Paris, most of them with their faces partially or totally covered. The protest was not banned preventively and no participants were arrested, but many covered their faces, which is, in theory, against French law.īy William Audureau Published on May 12, 2023, at 4:58 pm (Paris) Neo-fascist groups demonstrated in Paris on May 6. Is it legal in France for demonstrators to march with their faces concealed?
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