The President of the Republic promulgated on Tuesday, 18 August, a decree passed by Parliament establishing security and prevention rules concerning the identification of citizens in public spaces. The legislation bans the full concealment of the face in public, and has been commonly referred to as the “burqa law” during recent political debates.
The Portuguese Parliament approved in July 2026 a bill banning the full concealment of the face in public spaces, covering garments such as the burqa and niqab. The measure prompted political and social debate, with parties divided between arguments centred on security and integration on the one hand, and concerns over individual and religious freedom on the other.
In the justification published by the President’s Office, the head of state described the issue as “a matter of great social and cultural sensitivity, where defining boundaries and striking a balanced outcome between rights and duties is extremely difficult”. Taking these considerations into account, as well as the content of the legislation following amendments made during the parliamentary process, the President decided to give the thumbs up to the new law.
According to the presidential statement, “social integration, non-discrimination on the grounds of gender, and the security considerations arising from decisions in the same direction by the European Court of Human Rights support this decision”.
The head of state said he shared “the conviction of this Court that the face should be regarded as central to human identity and communication, as the minimum element of mutual recognition between fellow citizens”. Equality between men and women also features prominently among the reasons for promulgating the legislation.
According to the Presidency, “accepting that women, and women alone, should have to conceal their entire face implies an asymmetry incompatible with the values of parity and equal dignity between men and women, values that underpin European democracies”.
The reference directly places the wearing of garments that fully cover the face, such as the burqa and niqab, within the gender equality debate that accompanied Parliament’s consideration of the legislation.
In his reasoning, President António José Seguro also sought to reconcile individual freedom and freedom of conscience with the rules governing life in a democratic society. “On the other hand, in a free society such as ours, every person should be able to live according to their identity and convictions within a set of common rules that make ‘living together’ possible, a concept accepted by the European Court of Human Rights,” he argued.
Social trust is another element highlighted by the President. “For the President of the Republic, an uncovered face is a structural pillar of social trust, characteristic of Portuguese society,” the head of state’s office said.
The Presidency describes this as a common rule that is “indispensable to life in a democratic, free and plural society” and “a rule governing coexistence between human beings of equal dignity”.
Source: LUSA
Photo credit: José Sena Goulão
