The court in Versailles, outside Paris, will hear arguments from the lawyer of Cassandra Belin, 20, that the ban on the veil - in place since 2011 - is discriminatory and unconstitutional but she will shun the hearing.
"She does not want to be wrongly perceived as the symbol of a supposed rampant Islamisation," Belin's lawyer Philippe Bataille said.
Belin, who converted to Islam at the age of 15, was stopped by police in the gritty town of Trappes west of Paris on July 18 - during the Muslim Ramadan fasting period - for wearing the veil in public.
An altercation ensued and her husband Michael Khiri was arrested, accused of insulting a police officer.
He was later found guilty and got a three-month suspended sentence. The incident sparked riots in Trappes, which has a large immigrant population.
The ensuing violence drew hundreds of protestors. They set fire to bins, destroyed bus stops and hurled stones at police.
Belin went on trial in October for defying the ban and insulting a police officer but her lawyer launched a constitutional challenge and the Versailles court postponed the case to Wednesday to consider defence claims that the charges are unconstitutional.
Bataille says the ban impinges on freedom of religion, of movement and goes against human dignity.
The controversial ban on garments that cover the face was introduced on the ground that they could pose a security threat.
But many then interpreted it as a sign targeting Islamic veils, arguing that helmets worn by motorcyclists also covered the face.
Belin has admitted telling the police officers to "shut up" but denied saying "Allah will exterminate you."
In a parallel case, one of the three officers involved in the incident is being investigated for using Islamophobic language on Facebook and for "inciting hatred and racial discrimination."
Belin's lawyer has also said that identity checks were being misused by some police officers to harrass veiled women.
But the police officers' lawyer Thibault de Montbrial said that a "small group of radical elements were testing the institutions" of the French Republic, which is officially secular, under the guise of religious freedom.
COMMENTS (26)
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@Rex Minor:
I always like your comments and agree for most part. Here I would have to disagree to some extent. US/Canada had and still have indigenous people, and early immigrants imposed their own culture instead of adopting Native culture of the Americas. France's Muslim population included not only people from "immigrant cultures", I say so because many are 3rd or 4th generation French now. Amongst the Muslims there is a significant White French population as well. And they have all the right to be part of cultural evolution of France. And that evolution included Islam as well as other religious beliefs being absorbed. Language and Culture is never stationary, and according to Anthropology it is evolving constantly.
@Raj - USA: Why must a woman wear a dress under the fully veiled costume, especially in hot summer?. Have we not enough with the veil masquerade in Europe to read about the Gulf stories where women are not able to drive in veils!
Rex Minor
@MK: While your views are understandable, there are no indigenous people either in Canada or the USA, whereas in Frnce and other European countries they are!! It is therefore normal to expect that people with immigration background should more or less integrate with the natives.integrate and not set exotic standards. We must appeal to sound common sense of individuals and have no interest for State intervention. but the France is an anomoly in democracy, its President has more power than any head of a democratic State.
Rex Minor
@Realist: Many native frenchwomen have converted to islam ??? Where should they leave to??? india?
What a hypocrite liberal strategy In the case of france they say its their culture and their right to ban what they like but when Gays are banned here they get all angry and say we don't have right to ban them. What a hypocrisy by so called liberals.
@MK: The answer to why Canada is more secular than France may lie in the percentage of muslim population in each country. France has 4.7 million muslims which is 2.8% of its population and Canada has 0.9 million muslims which is 2.8% of its population. USA has 2.6 million muslims which is 0.8 of its population and UK has 2.9 million muslims which is 4.6% of its population.
Here is the link to the statistics of muslims by country. http://en.wikipedia.org/wiki/Islambycountry
How should they leave the land when it is their own home country? It's stupid when people say get out if you can't follow the rules
@Rex Minor:
There is more to the veil.
Three girls arrested in UAE for being naked under the abaya.
Here is the link to the news from UAE. http://www.emirates247.com/crime/local/3-girls-arrested-for-being-naked-under-the-abaya-2012-01-24-1.438999
@bhaaaai:
"Every mature person supporting ban on Hijab in France must also support ban on short dress of women in Iran ."
You are right state should not have any say in what to wear and what not. In your example both Iran and France are equally wrong.
Although race should not be an issue but in this particular case veiled woman is white French woman. And some idiotic comments here telling her to go live somewhere else. Why would a French born person of any race go live somewhere else, and not protest against a discriminatory law.
Real secular countries behave much better than France. For example in Canada, you can wear any religious symbol anywhere. In fact State accommodates a large Sikh minority by allowing them turbans and not caps as part of their uniform when they serve in Police or Military. There turbaned Sikh members sit in parliament. Muslim women are free to wear veil if they choose to.
Every mature person supporting ban on Hijab in France must also support ban on short dress of women in Iran . in both cases , the state you are living in is forcing you to obey the LAW .
@Loulou:
Do not try to make a meal out of it. I spend summer time in France and regulary visit in between. I personaly do not like women wearing veils whether they are muslims or not; most are not and deliberately wear to tease men and now after the ban provoke and when challenged by the police usualy take it off showing their complete naked Torso.. Is the law introduced by the President with hungarian jewish background, who was formerly the interior minister under President Chirac and the causual factor for youth riots in Paris suburbs, is the right oned in modern times or compatable with the French constitution? In my opinion it has caused division within the society unnecessarily because of the negligible numbers involved, about its legality and conformaity with the freedom of the individuals we will learn in the coming days. But let me make it very clear as a European, the Xenophobic influence in French politics is on the increase because of the extreme right (30 percent share in last elections) which Europe can do without. Already, in the centre of Paris the community with immigration background have established a "No go area" where the police dare not enter unless with full force. On the other hand the tourism to the city of Paris is on the increase, most arab families with children arriving from the Gulf countries to visit the Disney land and for a shopping spree. Some are seen wearing full veils which the police ignores..
Rex Minor
While I feel a hijab should be a personal choice and no law should be against or for it, a veil is a potential security threat and should be banned.
Dispel these law breakers from country to get rid of these issues.
I don't understand who made it compulsory for Muslim women to wear a veil. Hijab is ok but there is no such compulsion of hiding faces. Don't they have photo IDs? It is natural for anyone to ask to unmask the face. Face identification is the purpose for which CCTV cameras are installed everywhere. What if all the people cover their faces in the public? No one knows who was where doing what?
freedom of speech and freedom of cloth ???? westren christian double standerd on every thing from freedom to palestine and kashmir....
According to the French law voted in 2011 covering you face is completely forbidden. The husband (who did not care about that law) assaulted the policeman (who was doing his job) and tried to strangle him simply to protect his honor. Then when he was brought to the police station riots started: youngsters started burning cars throwing molotov cocktail. Whatever happened such a violence is unacceptable from civilized human beings. People can demonstrate but peacefully.
I never saw any Muslim people in France demonstrating or publicly saying that what Mohamed Merah, Michael Adebowale or salafist did is unacceptable (for exemple salafists have already assaulted male doctors in hospitals in France because thay had touched their wife).
France (and Western countries) gives more rights and liberty to Muslim minorities than any Muslim country. Muslims in France misuse these rights.
I think that these people suffer from the "victim syndrom". They keep saying that all the problems they have are because of the Europeans. They will never accept to wonder whether there are not problem within their community and their interpretation of islam.
Don't think I am racist: many well educated muslim who grew and studied in their country and then came to France to get a master saw all these events. Many of them shamed! The told me to believe that all the Muslims are not like that. I agreed with them of course.
For those who don't believe me. I tell you one thing: don't stay in front of your computer reading this article. Come to France and go to these places like Trappes, Argenteuil, Saint Denis... in France. If you can live one full year there, send your children to those schools, walk there in the evening,... You'll see the reality and will understand.
The fundamental mistake of France & other European countries is the "embrace" of multiculturalism. The two cannot co-exist, Germans were the first but also the bravest to admit this political mistake. The price to pay for this is dis-unity, disorder and terrorism, don't confuse the public by using human rights, it's like asking rich bankers to share their fat pay cheques with the poor and homeless, it will never happen.
When all else fails claim racism...
The French pubic is correct. How to interact with a person showing only her eyes ? How do I know that its a woman behind that veil for sure.
Without going into the distortions by the Muslim complainers, the French police are generally very careful dealing with Muslims in religious garb ( who by the way, dominate whole city streets in some areas ). They understand the consequences of giving immigrants reason to start riots.
I would like the option to wear hoods as well
Their country, their laws. If someone doesn't like the laws; they are free to leave.
She looks gorgeous! Lovely eyes!
Islam is a religion of peace. If certain non muslims are at war with Islam, then its those non muslims that have to be blamed. In this case, what harm can a veil do to any one? it is sheer war against Islam by the French government, under the guise of being 'secular'.
@rasgullah: I am a follower and support the ban on Veil in non muslim countries incase the governments there want to ban, it,you have to respect law of the land. Get rid of your bias,not everyone is what you think he or she is.
And then its followers named it as religion of peace, just as North Korea named itself as people's republic inspite of it being a dictatorship.