The Principle of Gender Equality ‘Unveiled’. How does European law treat veiling and pornography and what does this reveal about European gender equality and multiculturalism?

Some European countries have implemented so-called burqa bans, purportedly grounded in security, secularism, and gender equality. This paper critically examines the gender equality argument underlying these bans, comparing it with attitudes towards female sexuality in pornography, to reveal underlying societal norms and perceptions. The paper provides context for the practice of veiling and its diverse interpretations, juxtaposed with the discussion on pornography and gender equality. Despite apparent differences, both practices intersect at the nexus of female sexuality. Drawing from feminist discourse and supported by evidence from four European Court of Human Rights cases, the paper delves into how particular conceptions of protocols of gendered interactions and female sexuality inform the law. This research highlights the discrepancies in Europe's approach to gender equality and multiculturalism, which, despite intentions for neutrality, are skewed by biases in public opinion and legal frameworks. This highlights the intersecting dynamics of sex, race, and culture in shaping European laws and policies. By deconstructing the gender equality argument in veiling bans, the paper underscores the need for a nuanced understanding of female agency and autonomy within the context of a European liberal democracy.

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https://works.eurac.edu/DiGoP-01-2025-meya-lee-the-principle-of-gender-equality-unveiled.pdf