On Liberty and Face Veils: Questioning the legitimacy of the Dutch law on face coverings

Abstract

The Netherlands has followed eight other countries in the European Union (EU) in passing legislation that somehow regulates the wearing of face coverings. The new Dutch law will come into effect on August 1st, 2019. Legislations on religious garments have been topic of academic debate in Europe because they seem to target Muslim women’s religious dress. This thesis is concerned with questioning the legitimacy of this Dutch law. It features an utilitarian understanding of the concept of legitimacy, building on the work of John Stuart Mill. The arguments of advocates and adversaries of the law are examined in order to establish whether or not the law is legitimate. These arguments touch upon colonialism, racism, communication, oppression, safety, symbolic value, liberalism, isolation, emancipation, fundamental rights and symbolic value of legislation, among other things. Through the exploration of the arguments in public debate and the weighing of the utility provided by the law, it becomes clear that the law fails to meet the conditions for its legitimacy.