The enaction of a burka ban would be a violation of Article 14 of the European Convention on Human Rights. This article prohibits "discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin."
In deliberately discriminating against the nation's Muslim population, any burka ban would surmount to discrimination.
It is Not Discriminatory Most burka bans are not discriminatory because they do not only pertain to burkas but any facial coverings in public. Not Banning the Veil is Discriminatory It is actually those that permit the wearing of the burka that are in violation of Article 14. By condoning the oppressive and sexist practice of wearing the burka, governments are behaving in a discriminatory way against women and condoning discrimination based on the grounds of gender.