ERC proposes to sanction the use of the burka without going through the Penal Code

MadridOne of the hottest debates this week in the Congress of Deputies It has been the burka ban promoted by VoxAlthough it failed to pass and only garnered the votes of the People's Party (PP), the far-right initiative opened the floodgates of discussion on the appropriateness of prohibiting the use of the full-face veil. Together for Catalonia (Juntos) presented a bill on the same day to ban it in public spaces—a text that the Spanish Socialist Workers' Party (PSOE) has agreed to consider—the PP followed suit two days later, and the Republican Left of Catalonia (ERC) has also submitted its own proposal. According to party sources, the Republicans are not in favor of prohibiting the full-face veil and imposing criminal penalties on women who violate it, but they do advocate for "discouraging" its use through mandatory community service. This is their "effective solution" to "end the burka" while preventing the measure from harming the women who wear it, they believe. "Making the burka a crime will isolate them even more," warned ERC leader Oriol Junqueras this week.

What does this mean? The fine print needs to be examined, but Esquerra believes the sanction could lead to community service, fulfilling a dual purpose: discouraging the use of the burka and, furthermore, encouraging these women to reconnect with the social fabric and break the isolation they may experience. The Republicans interpret this as the opposite of what would happen with a straightforward ban using the Penal Code. "The problem lies in the consequences of the ban," they add, arguing that categorically prohibiting the burka could expel and exclude women from public spaces—the same red line the PSOE drew on Tuesday regarding Junts's law. "Banning the burka keeps women from leaving their homes," ERC representatives emphasize.

During this week's debate in Congress, MP Pilar Vallugera wanted to make it perfectly clear: "We don't like the burka and the niqab, let that be clear." The following day, Gabriel Rufián, in the event he shared with Emilio Delgado of Más MadridShe spoke along the same lines: "The burka is barbaric. If we are truly secular leftists, we cannot allow women to be made invisible in this way [...]. We have to be able to do this without prejudice and without anyone calling us racists."

Until now, the debate on the burka had been monopolized by Sílvia Orriols through Aliança Catalana in Catalonia and Vox in Spain, until other forces such as Junts and now Esquerra have also decided to enter the discussion. They argue that their approach is different from that of the far right. This debate about the veil is a recurring one. In fact, it is not the first time it has been at the forefront of public debate. The socialist mayor of Lleida, Àngel Ros, in 2010, was a pioneer in trying to regulate this issue through a municipal ordinance, so that the full-face veil would not be permitted in public buildings. He did so arguing the need to be able to identify people. However, the Supreme Court struck down the measure, ruling that it infringed on religious freedom and that a state law was necessary to regulate it.

The proposals currently before Congress

Following the failure of Vox's proposed law, both Junts and the PP have presented their own initiatives in Congress to regulate the use of the burka and niqab. Junts' three-page bill contains a single article prohibiting the "use in public spaces" of "items or elements that totally or substantially cover the face" and "significantly impede or hinder the identification of the person." Sources within Junts appeal to a "deterrent effect" and argue that it is "not necessary" to include sanctions because "there are already mechanisms" to address the issue, such as the crime of disobedience if a woman refuses to remove her burka when asked to do so by the police. "We don't want to criminalize women," sources within the party maintain.

The PP's bill is almost identical to Junts' regarding the prohibition of the full-face veil. And it also includes – like the text from Miriam Nogueras's party – some exceptions linked to medical reasons or work requirements. However, the major difference is that it incorporates financial penalties. The Popular Party (PP) wants to fine women who wear a burka €100 and repeat offenders €600. They also propose a €600 fine for those who "incite" others to wear it. But there's a nuance that brings the PP's proposal closer to Esquerra Republicana's (ERC) position: the PP also proposes that the financial penalty could be replaced by "voluntary participation in public awareness, training, or social integration programs." Something similar to the community service advocated by the Republicans. The PP points out that, beyond what is stipulated in this new law, the Penal Code punishes crimes of threats, coercion, violence, or abuse of authority.