Junts aims to get people to vote to ban the burqa without sanctions with a law that includes border control and the DNI
After voting against banning the burqa because VOX had proposed it, Junts has now put forward a law with no penalties, with exceptions, and which includes allowing Catalonia to control borders, issue the national identity card and deport people.
The Burka Dance
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The Congress of Deputies will vote next Tuesday, 14 April, on the bill by Junts per Catalunya to ban the burqa. The text, which can be consulted on the Congress website, arrives two months after voting against banning the burqa because the proposal was from Vox. The law rejected on 17 February, which proposed to ban the burqa and the niqab with fines of up to €30,000 and possible expulsion from the country, it only had the support of the PP, VOX and UPN. Junts then said that it was in favour of banning women from covering their faces and that it would demonstrate this by proposing its own law against the burqa and the niqab.
In that debate, Junts coined the slogan “neither the burca nor Vox” and has been repeating it to justify its rejection of initiatives promoted by other parties.s. This argument is the same one he used. Councillor Carme Lleó in Barcelonato justify the vote against a proposal by the PP. Moreover, it went… to add that this type of measures “must be taken in Madrid” and not at the municipal level. This stance allows the party to reject specific initiatives while maintaining its rhetoric of spearheading a ban on the burqa in Congress.
Now, The law proposed by Junts seeks to ban the burqa, but also to transfer state powers in matters of security, border control and the identification of individuals to the Generalitat.. Specifically, the text provides for the transfer of powers in border control — including the return of foreigners — the management of security in ports and airports, and the issuance of official documents such as the DNI, the passport or the NIE.
Junts proposes to ban the burqa without sanctions
The regulation establishes a ban on covering the face in public spaces but does not specify any sanction or consequence for non-compliance. The text merely reiterates the obligation to identify oneself to the authorities, a power already existing in current legislation and which does not entail any substantial change. The result is that Junts' law introduces nothing to guarantee its enforcement.
The wording of the Junts law makes it clear that it is not directed against any particular religion and that it is based on the recognition of religious freedom. At the same time, it incorporates a wide range of exceptions: The prohibition does not apply to duly accredited health cases, labour or safety obligations, nor to use in cultural, festive or traditional activities.. This approach considerably expands the circumstances in which a woman may be covered and introduces room for interpretation as to when the ban is applicable or not. The same text emphasises that The measure is conceived as a “measure to protect rights, not as a moral sanction.”, a definition that reinforces the declarative nature of the proposal and leaves open the interpretation of its real scope.
This line fits with Junts' usual positioning that He argues that garments such as the hijab, the burqa or the niqab cannot be considered strictly religious. and that the way of dressing is part of the realm of individual rights and freedoms. In this sense, The party has insisted that it is not its place to decide how anyone dresses.. In this vein, Jordi Turull He stated in May on RAC1 that “The Islamic veil has nothing to do with religion.”. This approach, and the fear that «Muslims may not be separatists,» as they said in Parliament, allow Junts to propose the regulation while avoiding direct conflict with Islam.
Fluidity against the burqa and maximum detail on the borders
The bill dedicates an entire additional provision to the transfer of powers to the Generalitat in matters of security and identification of persons., a level of detail that contrasts with the simplicity with which the burqa is regulated. The text suggests that the central government formalise this transfer immediately, making it one of the central pillars of the initiative.
The law also provides for transferring the management of security in ports and airports, as well as the authority to issue official identity documents such as the DNI, the passport or the NIE from the Catalan administration. This is a set of high-level competences that affect key elements of administrative sovereignty and state control.
In this context, the proposal places PP and Vox before an unusual scenario: To approve the ban on the burqa, they would have to support a transfer of powers on immigration and security that they have repeatedly rejected.. The initiative thus presents a politically difficult combination to sustain, as it links a measure these parties support with a transfer of power they consider unacceptable.
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