to Keep Your Face Covered II.

 Following up on the previous article, here are some additional arguments:

Behind A Mask 

If the legal framework justifies a ban on covering the face on the grounds that the face must be visible or identifiable, it should be able to explain why it permits other material ways of covering or masking the face that can significantly alter its appearance.

Make-up constitutes a material, physical layer applied to the face, including prosthetic makeup. In this sense, it can be considered a form of physically covering or masking the face, even though it does not involve covering it with fabric.

If the purpose of the ban is to preserve a person’s identifiability, physical visibility of the face cannot be confused with the identifiability of the person. A face can be completely uncovered while its appearance can simultaneously be altered through prosthetic and cosmetic means to such an extent that the person is not recognizable to the public.

That in itself, and perhaps even more so when combined with different-colored contact lenses or a wig.

 The second part of the article looks at 

the Dutch model.

The Dutch model directly supports the argument I made in the previous article: if there is genuinely a need to identify a person, it is not necessary for their face to be continuously visible in public. The Dutch government explicitly states that face coverings may be worn on the street and that the police may ask a person to uncover their face if this is necessary for identification.

The following text is taken directly from the website of the Dutch government: (1)

 Partial ban on face-covering clothing

 

 In the Netherlands, people have the right to dress as they wish, regardless of what others think about it. In some locations, it is important for social safety and service provision that people can look at and recognize one another. The government therefore prohibits clothing that completely covers the face in certain locations: on public transport, in education, healthcare, and in government buildings.

Looking at and recognizing one another

In some places, it is necessary for people to look at and communicate with one another. This is important for providing good services. For the safety of visitors, patients, and staff, it is important to be able to recognize who is in the building or on public transport.

Locations where face-covering clothing is prohibited

In everyday language, people also sometimes use the terms burqa ban or niqab ban. The prohibition under the Partial Ban on Face-Covering Clothing Act applies in several places, namely:

educational institutions;

healthcare institutions;

public transport;

government buildings.

This includes, for example, a full-face motorcycle helmet, a balaclava, or a niqab. The ban on face-covering clothing applies to everyone. This includes visitors, employees, teachers, students, and patients.

Face-covering clothing on the street

In other places and on the street, people are still allowed to wear face-covering clothing. The police may ask a person to remove the face covering if this is necessary for identification.

Exceptions to the ban

There are several exceptions to the ban:

People may wear face-covering clothing if it is necessary to protect their bodies. An example is a welder’s safety mask.

The ban does not apply to clients, patients, or their visitors in residential areas of healthcare institutions where people stay for longer periods of time. For example, a senior citizens’ residential complex. The residential area is considered the private domain of clients or patients.

Face-covering clothing is permitted during festive and cultural activities taking place at a location where the ban applies. The clothing must be appropriate according to social norms and is permitted only when the clothing is an inseparable part of the celebration. For example, masks or other face coverings during a Sinterklaas celebration or carnival party at a school. Or a bridal veil during a wedding at the town hall. 

Source: (1) Gedeeltelijk verbod gezichtsbedekkende kleding

 Another point towards female Muslims is that there are probably only about two known cases in Europe in which face covering with burqa was used in connection with an attempted murder or murder. In one case, a woman disguised herself in a burqa so that she would not be recognized, and in the other case, a niqab was used as a disguise during an attempted contract killing. However, it is crucial to point out one thing: in these cases, these were not Muslim women who normally wore a burqa or niqab for religious reasons. Rather, religious clothing was used as a disguise in order to conceal the person’s identity. These cases may therefore show that covering the face can make it more difficult to identify a perpetrator, but they are not in themselves evidence that Muslim women who wear the niqab for religious reasons pose a security risk.