Encyclopedia of Opinion
Question
Should burkas be banned in the UK?
Position2 of 3
Burkas should be banned in certain contexts
Argument1 of 2

Ski masks and helmets are also banned in some locations

You can't walk into a bank wearing a ski mask or a helmet. You shouldn't be allowed to wear a burka either.

The argument

The argument here is one of consistency. If we accept that some places, including banks, require the removal of head coverings that could make it difficult to determine someone's identity, why do we not require the removal of the burka in these places? The rule already exists and is already applied to other garments, so the question is why one covering should be exempt from a requirement that everything else meets. The purpose of the rule is what makes the exemption hard to justify. We require people to refrain from covering their faces to discourage and prevent theft, and that purpose is served or defeated by the fact of the covering rather than by the reason behind it. Whether someone is covering their face for religious reasons or to keep their face warm, for practical reasons (because taking the helmet off might be impractical), or for personal modesty to cover a facial disfigurement, it doesn't matter — the effect on identification is identical in each case. If forcing people to show their identity in a location that is prone to theft and other crimes will make the location safer, then that requirement should apply to everyone present. At the moment the law does not permit it. Currently, the law does not allow a bank manager to force someone to remove their religious covering; only the police may do so if they suspect it is being used as a disguise. That means the check can only be made once suspicion has already arisen, rather than operating as a general condition of entry the way the rule does for every other face covering. A ban on burkas in a place where a concealed identity could pose an increased risk of theft or criminal behaviour should therefore be implemented — a measure limited to particular contexts rather than a general prohibition.

Context

When motorcyclists enter a petrol station, they are often asked to remove their helmet. This is for identification purposes and in the interests of safety. An unidentifiable person is a greater risk to the safety of the cashier, shopgoers, and assets of the shop. The same applies to anyone trying to enter a bank in a ski mask or any other covering that could hide their identity.

Premises

[P1]Some locations, such as banks, already require the removal of head coverings like helmets that obscure a person's identity, to deter theft. [P2] The reason a face is covered — religion, warmth or modesty — is irrelevant to the security need to identify people in crime-prone places. [P3] Consistency demands that the burka be treated the same as other face coverings in such contexts. [C] Therefore, burkas should be banned in certain contexts where concealed identity poses a risk.

Counter-arguments

There is a difference between someone choosing to wear a ski mask or helmet into a bank or petrol station, and someone wearing a burka because it is an essential part of their religious beliefs. Asking someone to remove their optional face covering does not infringe their rights to express their religion. Forcing someone to remove their burka does. If identifying the wearer of the burka is essential (as it sometimes is in airport immigration), they can do so by simply taking the wearer to a private place and having a female officer look under the veil. Handling it in this way, instead of a blanket ban on wearing burkas in banks or petrol stations, would preserve the wearer's right to their religious freedoms, without compromising the safety of bank employees.

Rejecting the premises

[Rejecting P2] A burka is a religious requirement, a ski mask or helmet is an optional clothing item. [Rejecting P3] A ban is needless and unnecessary. There are other ways of protecting both the individual's right to religious freedom and the employee's safety.