The fundamental freedoms and human rights is something the countries, and its citizens, of the

European Union more or less take for granted. However, in recent years these rights have become a

topic of discussion in the way that a debate about the Islamic headscarves has developed. This

debate has resulted in that a number of countries, including France, have taken legislative measures

to ban clothing that fully covers ones face. Out of these bans a discussion has arisen concerning the

fundamental freedoms and human rights. These burqa bans, as it is labeled in the pubic debate, have

been accused to wrongfully limit the individuals freedoms and human rights.

This study therefore has the aim to analyze these burqa bans in relation to the European Union,

United Nations and the Council of Europe’s general declarations concerning the fundamental

freedoms and basic human rights.

The main result of this study shows that these bans in fact is not a proportionally restrict in the

fundamental freedoms and human rights. These results also are strengthened by the theoretical

positions on freedom as put forth by Samuel Pufendorf and John Stuart Mill.