You're quite correct Graham, you would not be prosecuted in the circumstances you describe. There are specific exemptions provided in the French law and these include:
- Motorcycle helmets
- Face masks for health reasons
- Face covering for sporting or professional activities
- Sunglasses, hats etc which do not completely hide the face
- Masks used in "traditional activities", such as carnivals or religious processions
I've read the entire ruling and it makes interesting reading. The issue of whether the law discriminates against one particular religion (not race) was discussed and it was determined that it did not. Also, this paragraph is particularly interesting:
"The Court was also able to understand the view that individuals might not wish to see, in places open to all, practices or attitudes which would fundamentally call into question the possibility of open interpersonal relationships, which, by virtue of an established consensus, formed an indispensable element of community life within the society in question."
In other words, the court understands that a lot of people may not like to see women roaming around masked up for no good reason.
I don't think there's any point in beating about the bush. The French undoubtedly introduced this law specifically to prevent Muslim women going about in public wearing masks. It saw such practices as an affront to French values and believed that many French people felt the same. I admire them for that. They are taking on board the views expressed by many of the electorate and are acting to facilitate those views. That’s what governments are supposed to do and they should be free to do so without interference from outside institutions. It no different to people wanting to roam around naked. They don't particularly harm anybody but most societies have decided that it would be better all round if they kept some clothes on.
Seventeen judges decided the legality of the French law and I believe all but two agreed that it was lawful. This is despite the appellant citing four articles of the ECHR that she believed had been transgressed. Let's hope that is the end of the matter but let's hope even more that the UK government sees fit to introduce a similar law here. But since our government has not got the courage even to ban the wearing of such garments in criminal courts, let alone in all public places, I won't hold my breath.