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The ‘anti-hijab’ proposal was put forward by the right-wing Swiss People’s Party, which campaigned with slogans such as ‘stop extremism’. In the official results of the 2021 referendum, 51.2 percent voted in favor of the ban
Switzerland’s lower house of parliament enshrined the burqa ban into federal law in 2023 and set fines of up to 1,000 francs for violators. (File Photo: AP)
Since January 1, Switzerland has officially banned burqas, hijabs, or face coverings in public places. Swiss voters approved a ban on the niqab and burqa in a 2021 referendum.
In September 2023, the lower house of parliament added the ban to federal law and set fines of up to 1,000 francs (about $1,100) for violators.
Why did Switzerland take this step?
The “anti-hijab” proposal was put forward by the right-wing Swiss People’s Party (SVP) which campaigned with slogans such as “Stop extremism”. According to official referendum results, 51.2 percent voted in favor of the ban.
Citizens in Switzerland participate in the country’s system of direct democracy by regularly voting on various issues in national or regional referendums.
According to research by the University of Lucerne (in German), almost no one in Switzerland wears a burqa, and only about 30 women wear the niqab. About 5% of Switzerland’s population of 8.6 million are Muslim, most of them from Turkey, Bosnia and Kosovo.
Without directly mentioning the word ‘Islam’, the referendum was intended to prevent violent protesters from wearing masks in the streets. The vote was known as the “burqa ban”.
This is not the first time Islam has been involved in a Swiss referendum. In 2009 citizens went against government advice and voted to ban the construction of minarets – a proposal also put forward by the SVP, which said minarets were a symbol of Islamization.
What does the restriction say?
The new law bans covering the nose, mouth and eyes in both public places and private buildings accessible to the public, although it allows for some exceptions.
However, there are some exceptions – this restriction does not apply to face coverings worn for health reasons, such as medical masks or during cold weather. And veiling is permitted in places of worship, for artistic performances, or in advertising.
The law also allows for personal protective coverings in cases where face masks are necessary for freedom of expression or assembly, as long as public order is maintained, and the responsible authorities approve such events.
Face coverings are permitted, in particular, on airplanes and in diplomatic or consular premises, as well as in certain holy places.
Controversy over the ban
Referendum committee chairman and SVP lawmaker Walter Wobmann described Muslim face coverings as “a sign of the highly political Islam that is increasingly prominent in Europe and has no place in Switzerland”.
After the referendum results were announced in 2021, a leading Swiss Islamic group called it a “dark day” for Muslims. A clear indication of exclusion for the Muslim minority,” the Central Council of Muslims said in a statement, as reported by the BBC.
Amnesty International has spoken out against the ban, calling it “a dangerous policy that violates women’s rights, including freedom of expression and religion”.
Wearing the Islamic veil in public has been a controversial topic in other European countries. France banned full-face veils in public in 2011, while the Netherlands, Denmark, Austria and Bulgaria have banned full or partial face coverings in public.
How other European countries have declared burqa haram.
A European court ruled last year that member states can prohibit their employees from wearing symbols of religious relief.
The hearing was about a Muslim employee in the municipality of Annes in eastern Belgium who was told she could not wear a headscarf at work. The woman, who works as a head of office and is not in a public role, launched a legal challenge.
In 2021, the court ruled that women could be fired for refusing to remove their hijab if they worked in a job that exposed the public.
Religious symbols are strictly prohibited in public schools and government buildings in France, arguing that they violate secular laws. In 2004, headscarves and other “prominent” religious symbols were banned in state schools.
In August, the French government said public school students would be banned from wearing the ‘abaya,’ a loose-fitting full-length dress worn by some Muslim women.
Austria, Belgium, Bulgaria, Denmark, Italy (in some areas), the Netherlands (in public places) and Spain (in parts of Catalonia) have also banned the burqa. Germany, however, is divided over burqas and niqabs, with some states banning them in schools and public places, and others fearing it could hinder integration.
According to a March 2022 report by the Open Society Justice Initiative — a group of human rights lawyers — such restrictions came into effect as U.S. policymakers sought to address terrorism in the wake of the 9/11 terrorist attacks. Declared a world war against, suspicions surrounding Muslims because of their dress.
“The idea that Muslims were the new ‘enemy’ within a group, whose beliefs and practices reflected values and norms inferior to those of Europe, gained legitimacy in the political arena,” the report’s authors wrote. The authors of the report wrote:
The report also notes that bans and laws on face veils and headscarves in most EU countries have been promoted mainly by nationalist and far-right political parties. The report also noted that five EU states – Croatia, Cyprus, Greece, Poland and Portugal – have never publicly debated a ban on head or face coverings.
