What Happened to 'Vivre Ensemble?': Developments after SAS v France

Abstract

In 2014, the European Court of Human Rights found that France's prohibition on women wearing the full face veil did not violate Article 9. In doing so, it accepted that the ban was necessary in order to achieve 'vivre ensemble' or 'living together'. The use of the concept was controversial and the response at the time was mostly critical. This article examines when and in what ways the Court has used vivre ensemble since that decision. It considers the arguments made by member states and applicants and the Court's reasoning in later cases on the face veil and other Islamic clothing, as well examining reference to vivre ensemble by the Court in other contexts. It finds that the full face veil is constructed as fundamentally different to other forms of religious clothing and there is little reliance on the concept other than in the 'burqa ban' cases