Originally Posted by
Hmmm
First of all, I do not understand why you keep writing in such an aggressive fashion, then claim that I write in a personalized tone. Frankly, claiming that I am defending the undefendable when all the positive evidence points to the contrary is not much of an argument on your side - would you rather we go into a screaming contest wherein both sides keep claiming the other has not provided any arguments, like you are doing? How is that even remotely productive?
Second, did I lie about what you argued? Are you saying you never claimed this was in violation of the ECHR? Because I distinctly remember you posting this:
Here you are clearly stating that it is in violation of article 10 of the ECHR. If you mean I lied about something else, kindly point to exactly what sort of lie this was, so I have the opportunity to answer it.
Third, I will make one last effort to explain this to you in a way which you might understand. If you disagree, I really don't care, as you are the one who has to live in denial. The thing about law is that you can't just run around and quote it thinking that you have somehow accomplished anything - law has to be interpreted with regards both to its wording and intention. The institution responsible for interpreting the ECHR is the ECourtHR, which is the highest court with regards to the conventions interpretation, higher even than the national Supreme Courts of the signatory states. This makes the ECourthHR in practice legally infallible - yes, infallible. They're the highest institution responsible for interpreting and applying the law, their opinion matters more than anybody else. Hence if the ECourthHR comes to the conclusion - through a Grand Chamber decision no less - that the French law is not in conflict with the ECHR and is in fact admitted by it (the convention), then the simple fact of the matter is that the French law could not possibly be in violation of the ECHR.
You can argue about the morality about it all you want - but you can't argue the legality, since the court came to its conclusion through the acceptable procedure, following the standards for doing so, and respecting the intention and purpose of the ECHR through the margin of appreciation and the limitations to the freedoms it provides. The reasoning behind this is clearly stated in the case itself, which is the only reasoning that actually matters - this is why I have been telling you to read it, since the case is the first-hand-source for the courts decision. Frankly, one would have to be exceptionally arrogant to argue with a straight face that 15 of the 17 judges present, among the best and most skilled lawyers in Europe by the way, who have worked specifically with legal questions of this type, are legally wrong - especially since you haven't presented a reason for it other than a misunderstanding of the argument, purposeful or not. Certainly you are allowed to have a dissenting opinion on the legality of the matter, but law is not opinion, and you have to understand this basic legal principle: the court decides, the parties have only to accept the verdic or appeal if there is a court to appeal to. It's part of the rule of law.
I know it is tempting to reach into your pocket of rhetoric - to claim that it is the merit of the argument that is important etc..., but this is not a debate - not to mention that your argumentation is the one without merit, as you have completely ignored, misunderstood or misrepresented the French defense as somehow banning unsocial behaviour and then have continued to insist on this position despite being repeatedly informed of the actual meaning of said defense. This is me explaining to you why your statement about this being violation with the ECHR is wrong, and for this I need no other argument than the fact that the court came to this conclusion, because once the court does so, it becomes a legally undeniable fact. Prior to the verdict, one could have argued the merit of one side or the other, but at this point the verdict has been given and we have our answer. That's what legal argumentation is, trying to convince the court and arguing about what would and what wouldn't hold up in court. In our case we know what held up. I did not say myself that, had I been a judge, I would have come to this conclusion. Neither did I say that, had the court yet to take a stance on the matter, your arguments would not have been important. I said that since the court has decided on the matter, it was a fair ruling considering they used the law in the correct manner, hence the matter is decided. Over. Evidently, and by the authority of their office, the court decided that the margin of appreciation and interpersonal socialization>freedom to cover your face. It's as objective an answer to "does this violate the ECHR" as you can get, and you were wrong plain and simple.
Whining about it won't change this basic legal fact one bit. There is a difference between de lege ferenda (how the law should be) and de lege lata (how the law is), you can argue all you want about how you think the ECHR should work, but it does not change how it works. A lawyer (and the conventions you cited are law) applies the law as it is, not as s/he thinks it should be. The fact is that the entire subject of your argument has been "is this to protect the rights of others? no!" - that is it, that is what you said and since then you have refused to accept anything else because you don't want to accept anything else. So, to reiterate: the ones who decide if this is in violation of the ECHR are the ECourtHR, not the involved parties and certainly not third parties.
Let us also not forget that this is what the law was - it is not a burqa ban, it is a law forbidding covering of the face in a public space. This is why I don't understand your panties-argument with Danny Crane, because burqas are not outlawed. Using them to cover your face in public is. Similarly, using panties is not outlawed. Using them to cover your face in public is.
Nor is it a law that bans people being unsocial, as I've explained multiple times. This is about interpersonal interaction, id est when you actually interact with someone directly and in a public space, you are not allowed to hide behind a face-covering attire. It is considered an important part of French society. The measures were proportional, as the penalties carried are limited, the law is not directed against any religious group directly, and the ECourtHR has to respect the margin of appreciation - giving the state a degree of freedom for designing its laws without going full "this is in violation of human rights"-mode. This was done much in the same spirit as one would have banned SS uniforms or other Nazi insiginia - which I would assume you find to be entirely ok, no? It is exactly the same reasoning used to ban hate-speech and other behaviour which is considered contrary to basic and core tenets of the banning society. Literally every other poster seems to have understood this. One other poster objected, but he did so on the basis of whether it truly is such a fundamental part of French society or if they just made it up, not by misunderstanding the entire argument and characterising it as an "anti-unsocial law, beeeeh this can be used to ban people from not making eye-contact think of the introverts!!1!".
With regards to your other two sources of Human Rights, the UN and the EU - both have yet to be decided in a court of law, but I would assume that since the ECourtHR has come to the conclusion that it is not in violation, the other two institutions, and especially the EU, are likely to follow suit if such a matter would ever be brought to court. Simply put the law is not currently on your side, and claiming that it is just because you want it to be does not lend you any more merit. You can continue to insist on fallacious statements, does not make it true.
Do you think the ban is unjustified? That's good for you, you can argue for that all you want. But dont come into this thread and throw around fallacious accusations of it being in violation of the ECHR, desperately trying to find merit to your argument, when we all know it isn't. By the end of the day, you're wrong, period. There really isn't anything else to say that hasn't already been explained repeatedly to you now. You can continue throwing around your cute little accusations of me "personalizing the issue" and "hiding behind the court" or whatever, doesn't change the fact that you're wrong, you'll have to learn to live with that and I can go back to enjoy my vacation as opposed to try to explain a legal verdict to someone who doesn't want to understand it.