Removal of the Niqab in Court: A Structural Barrier to Equality

This chapter considers whether the approach of the justice system to women who manifest their faith through the wearing of the niqab (face veil) serves to marginalise this group. Court decisions in cases where women have wished to retain their niqab whilst giving evidence have often recognised the importance of the religious right but then treated it as being subservient to the right of the opposing party to a fair trial. This chapter will argue that this argument is misplaced as the niqab does not obstruct the ability of the court to assess the credibility of the witness. Whilst judges deciding on such cases have limited discretion to interfere with existing practices, governments do, and there should be clear guidance to ensure that religious minorities are not deterred from asserting their legal rights in the courts.