400 euros for wearing a burqa in the streets of Lleida

BarcelonaThey tried in 2010 with a socialist government – at that time with Àngel Ros as mayor – and it is now the PSC once again promoting the ban on the full-face veil on the streets of Lleida. It is one of the novelties incorporated into the civic ordinance that the Paeria will in all probability approve this Friday, after Junts announced a pact with the socialists this week. "With the same foundation of guaranteeing social interaction in the terms habitual and proper to a free and democratic society, it is prohibited to wear any piece of clothing, garment or other attire that hides the face in public spaces," specifies Article 12. It will be considered a minor offense and will entail fines of between 400 and 750 euros, although before fining, women who wear, among others, a burqa or niqab will be warned that it has been prohibited in the city.

Junts intended to link the ban to "guaranteeing citizen security" and not to coexistence, in line with what the party had already tried to approve – without success – in the Congress of Deputies. The socialists, however, did not accept the nuance and this Friday the final text will be fixed, which could include, via a Junts amendment, an addition at the end of the article to highlight that the ban will be carried out "in accordance with current regulations." A way to safeguard the ban in case Congress regulates it one day.

The main problem that the city council could face is, however, the same as in 2010. Back then, the Supreme Court annulled the municipal regulation, making it clear that any limitation on a fundamental right, such as religious freedom, must be carried out through an organic law. That is to say, the Congress of Deputies is the only chamber with the power to regulate this prohibition. The PSOE has already shown itself in favor of studying how to move it forward; Junts has already made a concrete proposal, and ERC, the PSC, and the PP have also shown themselves in favor of banning the burqa and the niqab, but against financially fining women who wear them (they propose their participation in social activities). Vox and Aliança Catalana are the most radically in favor of banning any Islamic veil, and the Comuns and the CUP are the most reluctant.

To try to avoid a new judicial veto on the measure, Article 12 of the new Lleida civic ordinance incorporates some exceptions: "The prohibition does not apply in places of worship, in spaces where it is normal or customary to go with the face covered in attention to accepted social customs, or when it is done in the exercise of a fundamental right". The question to be resolved is when the burqa is worn in the exercise of a fundamental right and when it is not.

Lleida, therefore, is once again acting as the spearhead in the prohibition in public spaces of these garments with evident cultural and religious content. Until now, numerous cities have indeed regulated them inside public buildings: in general, the prohibition of wearing the face completely covered, which makes it impossible to identify the person, has been made explicit. The debate, however, goes much further, and the crux of the matter lies in the submission of women that these full-body veils represent. Specialized social entities warn, however, of the risk associated with the prohibitions: although the aim is to help women overcome an imposition, it can generate a perverse effect for some, confining them to their homes.

Pending update

In addition to wearing the full-face veil, other sanctions considered "minor" in the new ordinance, such as urinating, defecating or spitting in the street, street drinking, and washing in public fountains will be associated with fines of between 400 and 750 euros. Serious infractions, punishable by between 751 and 1,500 euros, include, among others, soliciting prostitution in the street, xenophobic, racist, sexist or LGBT-phobic conduct, as well as a new one such as the resale of prior appointments to be served in administrations. The commission of three minor offenses will also result in a serious one. Very serious infractions are reserved for serious acts of vandalism against furniture or public spaces and the accumulation of two serious infractions. When presenting the ordinance, the mayor stressed that it needed to be updated (the previous one dated from 2007) because "the idea that violating the rules of coexistence is free cannot be transmitted".

With "civility, safety and cleanliness" as the main arguments, the leader of Junts in Lleida, the former Minister of Social Rights Violant Cervera, presented the agreement a few days ago, subject to the parallel approval of the motion promoted by her group to create a municipal network of public toilets and hygiene services in the city. The PSC has accepted 31 of the 55 amendments from Junts and has transacted 17 more. Junts has also introduced measures linked to protecting people in vulnerable situations and to influencing recidivism, so that "the detection of repeated infractions is taken into account in the sanctioning regime".