The Portugese parliament passed a controversial bill on Friday banning face coverings worn for gender or religious reasons in most public places. The legislation, proposed by the far-right Chega party, specifically targets Islamic garments such as the burqah, a full-body garment that covers a woman’s head to foot with a mesh screen for sight, and the niqab, a full-face Islamic veil with space around the eyes.
The face coverings, according to the bill, would be prohibited in public spaces, excluding airplanes, diplomatic and consular premises, and places of worship or other sacred sites. Individuals wearing such face veils in public may face penalties ranging from €200 to €4,000 of which when converted to dollars may cost $234 to $4,670. The bill also stipulates that forcing someone to wear a face veil could result in up to three years of imprisonment.
Chega cited that hiding the face subjects individuals especially women “to situations of exclusion and inferiority” and was incompatible with principles such as liberty, equality, and human dignity and also poses a public security risk.” The far-right party also pointed that the European Court of Human Rights has upheld such measures as legitimate. Lawmakers from left-leaning parties disagreed arguing the bill infringes on religious freedom and personal liberty, warning it could marginalize Muslim women.
The bill now awaits approval by President Marcelo Rebelo de Sousa, who may assent to it, veto it or refer to the Constitutional Court for review. If enacted, Portugal would join European countries like France, Belgium, Austria, and the Netherlands in implementing full or partial bans on face and head coverings.
The Portuguese face-covering ban could raise compatibility issues with the European Convention on Human Rights (ECHR). Under Article 9 ECHR, individuals have the right to manifest their religion “in worship, teaching, practice, and observance.” A ban on religious attire—such as the burqa or niqab—directly limits an outward expression of faith. While the ECHR allows states to impose restrictions for reasons like public safety or the protection of others’ rights, such measures must be necessary and proportionate.
The Portugese bill, though citing security and gender equality concerns, could face scrutiny over whether those justifications outweigh the individual’s freedom to express religion in public. The European Court of Human Rights has upheld similar bans recognizing states’ “margin of appreciation,” but it also warned against measures that stigmatize religious minorities.
