Switzerland's 'burqa ban': Protecting values or undermining freedom?

This file photo shows people walk by a poster from the right-wing Swiss People's Party (SVP/UDC) depicting a woman wearing a burqa, at the central station in Geneva, Switzerland. (AP Photo)

Switzerland’s contentious ban on facial coverings in public, commonly known as the “burqa ban,” officially came into effect on January 1, 2025. Anyone who unlawfully flouts the prohibition faces a fine of up to 1,000 Swiss francs ($1,144).

The ban on face coverings in public, including the burka and niqab worn by Muslim women, was narrowly approved by Swiss voters in 2021. According to the results of a referendum, the measure was approved 51.2% to 48.8%. Under Switzerland's democratic system, citizens have direct control over their own affairs. On a number of regional or national topics, they are frequently requested to cast their votes in referendums.

While it is often referred to as a "burqa ban," the law applies broadly to all forms of face coverings, including masks, bandanas, and balaclavas, with exceptions for health, safety, and traditional celebrations. The law will exclude certain spaces and scenarios such as airplanes, diplomatic premises, places of worship, and sacred sites.

Reasons for the ban

With campaign slogans like "Stop Extremism," the right-wing Swiss People's Party (SVP) introduced the idea to outlaw facial coverings. The plan was generally regarded as the "burqa ban," despite the fact that it made no explicit reference to Islam and advocated for the prohibition of masks worn by violent street demonstrators. However, according to a BBC article, the Swiss government opposed it, claiming that the state had no right to determine what women should wear.

According to research by the University of Lucerne (in German), almost no-one in Switzerland wears a burka and only around 30 women wear the niqab. About 5% of Switzerland’s population of 8.6 million people are Muslim, most originating from Turkey, Bosnia and Kosovo.

Proponents argue that face coverings can hinder identification and pose a security risk in public spaces. They believe it can make it difficult to identify individuals in situations like crime investigations or terrorist threats.

The ban is often justified as a measure to promote social cohesion and integration. Supporters contend that face coverings can create barriers to communication and social interaction, hindering the ability to identify oneself and participate fully in society.

Some also argue that the burqa is a symbol of female oppression and that the ban is a step towards promoting gender equality. They believe it liberates women from a perceived cultural obligation to wear such garments.

Criticism of the ban

Critics argue that the ban infringes upon the religious freedom of Muslim women who choose to wear the burqa or niqab for religious reasons. They contend that such restrictions violate fundamental human rights.

The effectiveness of such bans in addressing security concerns is also questioned. Critics argue that they may have a limited impact on actual security threats while disproportionately affecting a small minority group.

Notably, Switzerland is not the first country to implement such a ban. Several other European countries, including France and Belgium, have similar laws in place.