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The French law on secularity and conspicuous religious symbols in schools bans wearing conspicuous
religious symbols A religious symbol is an iconic representation intended to represent a specific religion, or a specific concept within a given religion. Religious symbols have been used in the military in many countries, such as the United States military chapl ...
in French
public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociology, sociological concept of the ''Öf ...
(e.g., government-operated)
primary Primary or primaries may refer to: Arts, entertainment, and media Music Groups and labels * Primary (band), from Australia * Primary (musician), hip hop musician and record producer from South Korea * Primary Music, Israeli record label Works ...
and
secondary schools A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' secondary education, lower secondary education'' (ages 11 to 14) ...
. The law is an amendment to the French Code of Education that expands principles founded in existing French law, especially the constitutional requirement of ''laïcité'': the separation of state and religious activities. The
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pla ...
passed France's national legislature and was signed into law by President
Jacques Chirac Jacques René Chirac (, , ; 29 November 193226 September 2019) was a Politics of France, French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to ...
on 15 March 2004 (thus the technical name is law 2004-228 of 15 March 2004) and came into effect on 2 September 2004. The full title of the law is "" (literally "Law #2004-228 of 15 March 2004, concerning, as an application of the principle of the separation of church and state, the wearing of symbols or garb which show religious affiliation in public primary and secondary schools"). The law does not mention any particular religious symbol, and thus bans
Christian Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι� ...
(veil, signs),
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
(veil, signs),
Sikh Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism, Sikhism (Sikhi), a Monotheism, monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Gu ...
(turban, signs),
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
and other religious signs. It is, however, considered by many to target the wearing of headscarves (a
khimar In modern usage, hijab ( ar, حجاب, translit=ḥijāb, ) generally refers to headcoverings worn by Muslim women. Many Muslims believe it is obligatory for every female Muslim who has reached the age of puberty to wear a head covering. While ...
, considered by many Muslims to be an obligatory article of faith as part of
hijab In modern usage, hijab ( ar, حجاب, translit=ḥijāb, ) generally refers to headcoverings worn by Muslim women. Many Muslims believe it is obligatory for every female Muslim who has reached the age of puberty to wear a head covering. While s ...
modesty" by Muslim schoolgirls. For this reason, it is occasionally referred to as the French headscarf ban in the foreign press. In addition, the law is seen by some as disproportionately affecting Muslims, arguing that Christians rarely wear oversized crosses, and Sikhs have successfully lobbied to be able to wear a simple under-turban, whereas Jews have greater opportunities to enroll children in private Jewish religious schools owing to their long presence in the country.


Background


Islamic view of headscarves

In Islam,
Hijab In modern usage, hijab ( ar, حجاب, translit=ḥijāb, ) generally refers to headcoverings worn by Muslim women. Many Muslims believe it is obligatory for every female Muslim who has reached the age of puberty to wear a head covering. While s ...
is a duty prescribed on all Muslims, though in the matter discussed in this article it only applies to women. Hijab is often equated with the idea of modesty in all senses including personal, physical and social. While it prescribes restrictions and practices for both men (such as, for example, restraining one's thoughts from objectification of women and covering the aspects of oneself that attract others to them, incorporating the chest and between the navel and knee for many Muslims) and women, it is most known for its religious prescription for a woman to dress modestly and cover her hair. While for some Muslims the concept of hijab is seen as balanced and consistent with ideas of
gender equality Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
, others see the religious prescription on female covering as chauvinistic, patriarchal, oppressive and an enforcement on women and against their rights. Most Muslims living in Western societies concede outright that the forcing of women to wear the headscarf is against Islamic precepts and cannot be accepted, but social pressure can in some cases be strong. A number of
Islamic feminists Islamic feminism is a form of feminism concerned with the role of women in Islam. It aims for the full equality of all Muslims, regardless of gender, in public and private life. Islamic feminists advocate women's rights, gender equality, and soci ...
see the wearing of the headscarf, and particularly of the full-face veil such as the
niqāb A niqāb or niqaab (; ar, نِقاب ', " aceveil"), also called a ruband, ( fa, روبند) is a garment, usually black, that covers the face, worn by some Muslim women as a part of an interpretation of ''hijab'' (i.e. "modest dress"). Musl ...
, as oppressive of women. French activist and politician Fadela Amara has thus stated: "The veil is the visible symbol of the subjugation of women, and therefore has no place in the mixed, secular spaces of France's public school system."


French education system

Education is compulsory in France up to the age of 16. The French system of primary and secondary education consists of: # government-operated schools (''enseignement public''); # private schools receiving government subsidies (''enseignement privé sous contrat''), the vast majority of private schools; and # private schools not receiving government subsidies (''enseignement privé hors contrat''). Schools in the first two categories are required to apply the same national curricula as defined by the Ministry of Education. The curriculum for schools in the third category is free, provided that students receive at least some minimal skills in
writing Writing is a medium of human communication which involves the representation of a language through a system of physically inscribed, mechanically transferred, or digitally represented symbols. Writing systems do not themselves constitute h ...
,
mathematics Mathematics is an area of knowledge that includes the topics of numbers, formulas and related structures, shapes and the spaces in which they are contained, and quantities and their changes. These topics are represented in modern mathematics ...
, etc. The law discussed in this article only applies to government-operated schools, in the first category. The French government highly subsidises private elementary and secondary schools, even those affiliated with religious organizations, as long as they apply the same curriculum as the public schools, with the same academic standards, and that they do not discriminate on grounds of religious affiliation nor make religious education compulsory. It is for instance common that children of
agnostic Agnosticism is the view or belief that the existence of God, of the divine or the supernatural is unknown or unknowable. (page 56 in 1967 edition) Another definition provided is the view that "human reason is incapable of providing sufficien ...
or otherwise non-religious families, or children of families from other religions (including non-Catholic Christians), are put in
Catholic school Catholic schools are pre-primary, primary and secondary educational institutions administered under the aegis or in association with the Catholic Church. , the Catholic Church operates the world's largest religious, non-governmental school syste ...
s, if their parents judge these schools to offer better conditions of education or to be more convenient. Consequently, families can use private schools at moderate costs. While there are no accessible official national statistics on the costs of private schools, typical prices per year for low-income families are in the range of a few hundred
euro The euro ( symbol: €; code: EUR) is the official currency of 19 out of the member states of the European Union (EU). This group of states is known as the eurozone or, officially, the euro area, and includes about 340 million citizens . ...
s. The average costs are €500 a year per student; however, this statistic includes very expensive, exclusive schools. In addition, according to the figures from the secretariat, more than half of schools have established a price schedule taking into account a family's income; as a result, costs to parents can be as little as €20 to €30 per school month per student. In addition, the French government operates a distant learning agency, the CNED, which is another solution for families impacted by the normal rules or schedules of public schools.


History

Since 1905, France has had a law requiring separation of church and state, prohibiting the state from recognizing or funding any religion. Schools directly operated by the national or local governments must not endorse or promote any religious dogma (whether endorsing an existing religion or endorsing
atheism Atheism, in the broadest sense, is an absence of belief in the existence of deities. Less broadly, atheism is a rejection of the belief that any deities exist. In an even narrower sense, atheism is specifically the position that there no d ...
or any other philosophy). Schools funded totally or in part by the national and local governments by law must not force students into religious education; they should remain equally accessible to children of any, or no, faith. For example, even though a majority of the population nominally professes
Catholicism The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
(although far fewer regularly practice Catholicism), government-operated French schools have no communal prayers, religious assemblies, or Christian crosses on the walls. The
Constitution of France The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Consti ...
says that France is a ''laïque'' (roughly, secular) Republic. In France, historically, differences between religions (or later between religious and non-religious people) have often resulted in deep divisions of society, from the 16th-century
Wars of Religion A religious war or a war of religion, sometimes also known as a holy war ( la, sanctum bellum), is a war which is primarily caused or justified by differences in religion. In the modern period, there are frequent debates over the extent to wh ...
to the late 19th-century
Dreyfus Affair The Dreyfus affair (french: affaire Dreyfus, ) was a political scandal that divided the French Third Republic from 1894 until its resolution in 1906. "L'Affaire", as it is known in French, has come to symbolise modern injustice in the Francop ...
. The relations between the Church of France and the state were disputed under Louis XIV (see
Gallicanism Gallicanism is the belief that popular civil authority—often represented by the monarch's or the state's authority—over the Catholic Church is comparable to that of the Pope. Gallicanism is a rejection of ultramontanism; it has so ...
); they were severely strained under the Revolution of 1789, when the constitutional government of the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the r ...
promulgated the Civil Constitution of the Clergy and the Church divided into the constitutional clergy, who accepted it, and the ultramontanes who did not. Roman Catholicism was recognised as the faith of the majority of French citizens, but Napoleon also named Judaism and the Lutheran and Reformed Churches as officially recognised by the state. Although these four 'official' religions received state funding and protection (until the 1905 law as above), they were not given the status of a religion of the state. France had begun to view faith as a matter for each individual citizen rather than for a nation as a whole. As a result of this history, religious manifestations are considered undesirable in government-operated schools; primary and secondary schools are supposed to be neutral spaces where children can learn away from political or religious pressures, controversies and quarrels. Because of this neutrality requirement, students are normally prohibited from conducting religious
proselytising Proselytism () is the policy of attempting to convert people's religious or political beliefs. Proselytism is illegal in some countries. Some draw distinctions between ''evangelism'' or ''Da‘wah'' and proselytism regarding proselytism as involu ...
or political
activism Activism (or Advocacy) consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived greater good. Forms of activism range fro ...
on the premises. Civil servants are expected to stay neutral with respect to politics or religion when they discharge their duties. More generally, they are expected to keep a certain reserve and not make comments or demonstrations that may be interpreted as political, religious, or other bias in the course of their duties or as an endorsement of particular religious or partisan political views by the government. Teaching personnel in government-operated schools must not, by law, endorse any political or religious point of view; they may also face sanctions for wearing overt religious symbols.


1980s and 1990s

For many years school administrators have accepted, or tolerated, that schoolchildren wear symbols of their various religions, such as a
Christian Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι� ...
student wearing a cross, or a
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
student wearing a
kippah A , , or , plural ), also called ''yarmulke'' (, ; yi, יאַרמלקע, link=no, , german: Jarmulke, pl, Jarmułka or ''koppel'' ( yi, קאפל ) is a brimless cap, usually made of cloth, traditionally worn by Jewish males to fulfill the ...
. However, there was some leeway and uncertainty in those matters, and occasionally some students faced disciplinary action for overly ostentatious attire. Many people find crosses and yarmulkes acceptable, but not headscarves, for a variety of reasons. Some feminists do not consider them as religious symbols, but as symbols of female alienation, or dangerous signs of mounting ''communautarisme'' (ethnicisation of social relationships, which the French do not view favorably), rising Islamist movements, or attacks on the Republic, are sometimes deemed 'foreign' and 'un-French'. However, some people regard the wearing of headscarves as a feminist choice and do not view this as fundamentally different from other choices relating to clothing. The fact that most Muslims in France come from former French colonies has added a racist/antiracist tint to the debate. The issue has deeply divided France and debate has raged on ever since. The issue of religion has wider implications than the mere wearing of headscarves, which contributed to the complexity of the debate. Occasionally, Muslim students have refused to attend certain classes when they or those influencing them deemed aspects of their faith to be contradicted (such as swimming classes or physical education); or insisted on attending them in Islamic garb, thus raising the question of whether this purported solution denatured the intended activity. The wearing of the headscarf was also criticized as a means to enforce peer pressure on the girls not wearing it. One defense against this argument was that the ratio of Muslim girls to other girls was not always high in classrooms, and that scarf wearing did not necessarily reflect proselytizing intent; but a countervailing relevant issue was that the relevant group being pressured was Muslim girls not wearing the scarf, who could sometimes be endangered inside or outside school unless they submitted to wearing the scarf like their classmates. Because of the absence of unambiguous law, action was taken on a case-by-case basis against students wearing ostensible religious garb, with differences of practice between establishments. School administrators, in such cases, were taken into legal, social and media quarrels far beyond their ordinary responsibilities. This was highlighted by the 1989 ''Affaire du Foulard'' ("the headscarf affair"), when three young girls were expelled from their school in Creil, near
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. Si ...
, for refusing to take off their headscarves. This caused such an uproar that administrators realized something had to be done soon to regain control. Because of these difficulties, public powers sought a more consistent approach. In 1989, the Minister of Education requested the legal analysis of the '' Conseil d'État'' on the issue of whether or not school administrators could, or should, expel students for wearing religious symbols, within the current framework of applicable regulations, laws, constitutional rights and international conventions. The general assembly of the ''Conseil'' gave a detailed analysis, containing the following opinion:
It results from the above that, in teaching establishments, the wearing by students of symbols by which they intend to manifest their religious affiliation is not by itself incompatible with the principle of laïcité, as it constitutes the free exercise of
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
and of manifestation of religious creeds, but that this freedom should not allow students to sport signs of religious affiliation that, due to their nature, or the conditions in which they are worn individually or collectively, or due to their ostentatious and provocative character, would constitute an act of pressure, provocation, proselytism or
propaganda Propaganda is communication that is primarily used to influence or persuade an audience to further an agenda, which may not be objective and may be selectively presenting facts to encourage a particular synthesis or perception, or using loaded ...
, or would harm the dignity or the freedom of the student or other members of the educative community, or would compromise their health or safety, or would perturb the educational activities or the education role of the teaching personnel, or would trouble public order in the establishment or the normal functioning of the public service.
On 2 November 1992, the ''Conseil'' ruled that a school regulation prohibiting all philosophical or religious signs, including those that were worn, was excessively sweeping and against the principle of '' laïcité''. On 14 March 1994, the ''Conseil'' ruled that a school regulation prohibiting any
headgear Headgear, headwear, or headdress is the name given to any element of clothing which is worn on one's head, including hats, helmets, turbans and many other types. Headgear is worn for many purposes, including protection against the elements, ...
was excessive (the intent of this regulation was to prohibit the wearing of certain religious signs). The ''Conseil'' found that this regulation was excessively sweeping, without a clear need for it to be so. On 10 March 1995, the ''Conseil'' upheld the expelling of three students from a highschool, on the basis that the three students gravely perturbed classes, infringing on school rules and the alleged prohibition of proselytism. One factor was the insistence of the students on wearing the scarf during sports classes, which was deemed inappropriate attire for such an activity. It also upheld some stipulations of the school regulations which restricted the wearing of signs of a religious, philosophical or political character, with the same legal analysis as the 1989 one cited above. On 11 September 1995, three families appealed before the ''Conseil'' rulings of lower administrative courts, which had upheld decisions by high schools to exclude their daughters because they wore the veil; and the Minister of Education appealed rulings of lower courts that had declared illegal three exclusion decisions. The actual legal reasons differed slightly; however, in every case, on 27 November 1996, the ''Conseil'' ruled that the children had been inappropriately expelled, considering that the headscarf worn by the student, while it expressed the student's religious beliefs, did not have a protest or ostentatious character, nor did wearing it constitute in any case an act of pressure or proselytism. The opinion and the decisions of the ''Conseil'', which established some kind of
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
, still left a considerable margin of appreciation to school administrators, which led to many tensions and embarrassments. It was thus argued that clear and consistent rules should be enacted.


Stasi commission's report

In July 2003, French President
Jacques Chirac Jacques René Chirac (, , ; 29 November 193226 September 2019) was a Politics of France, French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to ...
set up an investigative committee ('' commission Stasi'') to examine how the principle of ''laïcité'' should apply in practice. It consisted of 20 people headed by
Bernard Stasi Bernard Stasi (4 July 1930, Reims – 4 May 2011) was a French politician. He was the son of Italo-Mexican immigrants. Stasi served as Minister for Overseas Departments and Territories from 2 April 1973 to 27 February 1974. From 1998 to 20 ...
, then
ombudsman An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
of France (''médiateur de la République''). While an obvious focus of the commission was wearing religious attire in public schools, the commission noted in its report that the issues went further. The Stasi Commission published its report on 11 December 2003, considering that ostentatious displays of religion violated the secular rules of the French school system. The report recommended a law against pupils wearing "conspicuous" signs of belonging to a religion, meaning any visible symbol meant to be easily noticed by others. Prohibited items would include
headscarves A headscarf is a scarf covering most or all of the top of a person's, usually women's, hair and head, leaving the face uncovered. A headscarf is formed of a triangular cloth or a square cloth folded into a triangle, with which the head is cov ...
for Muslim girls,
yarmulkes A , , or , plural ), also called ''yarmulke'' (, ; yi, יאַרמלקע, link=no, , german: Jarmulke, pl, Jarmułka or ''koppel'' ( yi, קאפל ) is a brimless cap, usually made of cloth, traditionally worn by Jewish males to fulfill the c ...
for Jewish boys, and
turban A turban (from Persian دولبند‌, ''dulband''; via Middle French ''turbant'') is a type of headwear based on cloth winding. Featuring many variations, it is worn as customary headwear by people of various cultures. Communities with promin ...
s for
Sikh Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism, Sikhism (Sikhi), a Monotheism, monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Gu ...
boys. The Commission recommended allowing the wearing of discreet symbols of faith such as small crosses, Stars of David or Fatima's hands. The Senate commission based its report on multiple sources: school representatives, headmasters, teachers; political associations, such as
Ni Putes Ni Soumises Ni Putes Ni Soumises (which roughly translates as ''Neither Whores nor Submissives'') is a French feminist movement, founded in 2002, which has secured the recognition of the French news, press and the National Assembly of France. It is generall ...
or
SOS Racisme SOS Rascime () is a movement of NGOs which describe themselves as anti-racist. The oldest chapter of SOS Racisme was founded in 1984 in France, and it has counterparts in several other European countries or regions. Its Norwegian branch, which ...
; representatives of the main religions; or leaders of human-rights organizations. The Commission's report emphasised that publicly funded schools in France should transmit knowledge, teach students critical awareness, assure autonomy and openness to cultural diversity, and encourage
personal development Personal development or self improvement consists of activities that develop a person's capabilities and potential, build human capital, facilitate employability, and enhance quality of life and the realization of dreams and aspirations. Person ...
. Schooling aims both to train students for a professional
career The career is an individual's metaphorical "journey" through learning, work and other aspects of life. There are a number of ways to define career and the term is used in a variety of ways. Definitions The ''Oxford English Dictionary'' defi ...
, and to make them into good citizens of the French Republic. The report states that such a mission presupposes fixed common rules, like
gender equality Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
and respect for
secularity Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
. Most of the debate has centered on
hijab In modern usage, hijab ( ar, حجاب, translit=ḥijāb, ) generally refers to headcoverings worn by Muslim women. Many Muslims believe it is obligatory for every female Muslim who has reached the age of puberty to wear a head covering. While s ...
– the Islamic dress code, which may include a headscarf for women, but more generally, on the wearing of religious or political symbols in schools. The wearing of headscarves in school started comparatively recently in mainland France (since the late 1980s), and has become the focus of the conflict. The increasing number of visible headscarves has been attributed by some to a rise in extremist activity in France, in particular in poor immigrant suburbs. However intellectuals such as Xavier Ternisien of Le Monde Diplomatique have maintained that the indubitable rise in religious observance is not linked with Islamic extremism, but with the frustration of children of immigrants no longer accepting to remain invisible as their parents often were. Further it is often associated with the idea of Muslim communities feeling settled and established in, and thus a part of, in French society such that they feel comfortable in expressing their identity. The Commission identified the following positions with regard to wearing the Muslim headscarf: * For those wearing it, the headscarf can have different meanings. The wearers may have exercised a free personal choice to wear the headscarf; or external pressure may have forced them to do so. Most French people find this idea of constraint or pressure particularly intolerable when it relates to young girls (some girls start wearing a headscarf before the age of 11). The purpose of dressing according to hijab varies from person to person. Some women see the headscarf as a way to preserve their modesty and prevent any sexual attractions as in western countries. Some see it as a form of liberation above the sexualisation and consumerism of modern society. Others see it as a patriarchal article intended to keep women hidden and subservient. The representatives of the main religions and leaders of human rights organisations have expressed several objections to a law banning the wearing of religious symbols. They believe it will lead to the stigmatisation of Muslims, exacerbate anti-religious sentiment, promote the image of a France that restricts personal freedom, and encourage Muslim girls to drop out of schools if they feel forced to choose between schooling and their faith. The Commission said that the Republic must clarify this situation. A section of the report which received less media attention recommended that the school system make
Yom Kippur Yom Kippur (; he, יוֹם כִּפּוּר, , , ) is the holiest day in Judaism and Samaritanism. It occurs annually on the 10th of Tishrei, the first month of the Hebrew calendar. Primarily centered on atonement and repentance, the day' ...
and ''
Eid Eid as a name may refer to: Islamic holidays An Eid is a Muslim religious festival: * ''Eid Milad un Nabi'', alternate name for Mawlid (, "Birth of the Prophet"), the date of observance of the birthday of the Islamic prophet Muhammad * Eid al-F ...
'' (festival) into vacation days each year: currently, only some Christian holidays are vacation days (see Holidays in France); students who want to celebrate other festivities have to take some work day off with the authorisation of their parents. However, for critics and Muslims this did not balance out affairs: the banning of Muslim girls from freely choosing to wear an article of faith, seen by them as a religious obligation, could not be balanced with the permission to celebrate a religious festival, which is not obligatory at all. The report also recommended enacting a ban on conspicuous symbols of political affiliation. The
French National Assembly The National Assembly (french: link=no, italics=set, Assemblée nationale; ) is the lower house of the bicameral French Parliament under the Fifth Republic, the upper house being the Senate (). The National Assembly's legislators are kn ...
has not taken up these proposals. The Commission also noted that occasionally pupils refuse to attend school because of the presence of teachers of the opposite sex, or refuse to attend certain classes (such as gymnastics or swimming lessons). The Commission suggested that only schools or state-recognised doctors (not simply parents) should have the right to grant exemptions.


Law creation and interpretations

In December 2003,
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Jacques Chirac Jacques René Chirac (, , ; 29 November 193226 September 2019) was a Politics of France, French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to ...
decided to act on the part of the Stasi report which recommended banning conspicuous religious symbols from schools. This meant that the legislature could adopt the recommendations, according to the emergency procedure, in January or February, ready for application at the start of the next school year in September 2004. On 10 February 2004, the
lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
voted by a large majority (494 for, 36 against, 31 abstentions) in support of the ban, which includes the caveat that the ban will be reviewed after it has operated for one year. The initiators of the law are said to have particularly targeted two items of
clothing Clothing (also known as clothes, apparel, and attire) are items worn on the body. Typically, clothing is made of fabrics or textiles, but over time it has included garments made from animal skin and other thin sheets of materials and natura ...
: the headscarf and the veil (French: ''foulard'' and ''voile'' respectively); however the law mentions neither and just addresses "ostentatious" ("conspicuous") symbols. Because of its terse, broad, vague terms, the law will leave a lot of its interpretation to the administrative and judicial authorities. The headscarf (sometimes referred to as the
hijab In modern usage, hijab ( ar, حجاب, translit=ḥijāb, ) generally refers to headcoverings worn by Muslim women. Many Muslims believe it is obligatory for every female Muslim who has reached the age of puberty to wear a head covering. While s ...
in both French and English) covers the hair, ears, neck, and sometimes the shoulders, but not the face. Most Muslim girls who cover their heads in school wear such a headscarf. More rarely, girls may also wear a complete dress covering their body (''djelbab''). The full or Afghan burka, which covers the entire body except for a slit or grille to see through, occurs more commonly as the dress of an adult woman than that of a schoolgirl. A recent controversy occurred when a mother who wore a full burka became a representative of parents in a city school. Rather than encourage public participation of such women, her participation in school deliberations while entirely covered was highly criticised. It was finally tolerated. In order to enforce the law, effective decisions whether certain items are "ostentatious" or not will have to be taken. In order to achieve that: * the Minister of Education will issue ''circulaires'', or instructions for its services; it seems that large crosses, full hijabs or yarmulkes would be banned, while small symbols such as small Stars of David or crosses in
pendant A pendant is a loose-hanging piece of jewellery, generally attached by a small loop to a necklace, which may be known as a "pendant necklace". A pendant earring is an earring with a piece hanging down. Its name stems from the Latin word ' ...
s would not be; * headmasters will have to judge whether particular attire is or not acceptable with respect to the law; * if necessary, families will go to administrative courts to challenge the school authorities' decision; a final decision may not be reached until the ''Conseil d'État'' at litigation (supreme administrative court), decides some points of
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
. The law itself may not be challenged before French courts (since this would have warranted action before the Constitutional Council before the signing of the law); however, the courts may significantly curtail its application — especially given the inherent margin of appreciation of what is ostentatious or not. The law will apply in France and its overseas territories (which France administers as a part of its metropolitan territory), but it is likely that appropriate enforcement measures will depend on the local context, given the margin of appreciation offered by the law. Overseas Countries and Territories with a large Muslim community will receive some exemptions. For example, it was suggested that
Mayotte Mayotte (; french: Mayotte, ; Shimaore: ''Maore'', ; Kibushi: ''Maori'', ), officially the Department of Mayotte (french: Département de Mayotte), is an overseas department and region and single territorial collectivity of France. It is loca ...
girls may wear small
bandana A kerchief (from the Old French ''couvrechief'', "cover head"), also known as a bandana, bandanna, or "Wild Rag" (in cowboy culture), is a triangular or square piece of cloth tied around the head, face or neck for protective or decorative purpo ...
s and light
veil A veil is an article of clothing or hanging cloth that is intended to cover some part of the head or face, or an object of some significance. Veiling has a long history in European, Asian, and African societies. The practice has been prominent ...
s (''kishall'').


Public reaction


France

The proposed ban was extremely controversial, with both sides of the political spectrum being split on the issue. In 2004, French Cardinal
Bernard Panafieu Bernard Louis Auguste Paul Panafieu ( ; 26 January 1931 – 12 November 2017) was a French prelate of the Catholic Church. He was Archbishop of Roman Catholic Archdiocese of Marseille, Marseille from 1995 until his retirement in 2006. He was made ...
, the
Archbishop In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdio ...
of
Marseilles Marseille ( , , ; also spelled in English as Marseilles; oc, Marselha ) is the prefecture of the French department of Bouches-du-Rhône and capital of the Provence-Alpes-Côte d'Azur region. Situated in the camargue region of southern Franc ...
called the ban "unenforceable". While agreeing that some Muslim immigrants have had trouble adjusting to a "lay, pluralistic society" he asserted that the ban was wrong as it prevented Muslims from "asserting their identity" and that it would be "better to act through persuasion than by compulsion" if the state wanted to limit the use of religious symbols.


Population

On 14 February 2004, the Associated Press reported that "Thousands of people, many of them women wearing headscarves, marched in France ... to protest a law banning the Islamic coverings and other religious apparel in public schools." Polls suggest that a large majority of the French favour the ban. A January 2004 survey for
Agence France-Presse Agence France-Presse (AFP) is a French international news agency headquartered in Paris, France. Founded in 1835 as Havas, it is the world's oldest news agency. AFP has regional headquarters in Nicosia, Montevideo, Hong Kong and Washington, ...
showed 78% of teachers in favour. A February 2004 survey by CSA for ''
Le Parisien ''Le Parisien'' (; French for "The Parisian") is a French daily newspaper covering both international and national news, and local news of Paris and its suburbs. It is owned by LVMH Moët Hennessy Louis Vuitton SE, better known as LVMH. Histor ...
'' showed 69% of the population for the ban and 29% against. For Muslims in France, the February survey showed 42% for and 53% against. Among surveyed Muslim women, 49% approved the proposed law, and 43% opposed it. Complex reasons may influence why an individual either supports or opposes this amendment. They range from ensuring sex equality, preventing girls from being pressured into wearing the headscarf, boys into wearing turbans (for example), or a desire to see the Muslim community assimilated into French society on the one hand; to uphold freedoms of expression or conscience or religion, preventing the state from imposing restrictions on what a person can or cannot wear, preventing state victimisation of a minority group and opposing what may be seen as discrimination against Muslims on the other.


Political reactions

While all major political parties were somewhat divided on the issue, all major parties (the majority UMP and UDF, the opposition PS) supported the law. However, André Victor, member of Workers' Struggle wrote in his article ''Islamic Hijab and the Subjugation of Women'
25 April 2003
that "Sarkozy has spoken out against hijab on passport photos, and presumably earned the approval of millions of voters, which was probably the real purpose of this exercise in demagoguery ..Therefore, this policy leads to increase the weight of the most reactionary religious authorities within the immigrant population."


Legal arguments

Some critics have raised a legal point: they see the law as incompatible with the European convention on fundamental human rights. The Stasi Commission responded: ''The European Court in Strasbourg protects laïcité when it is a fundamental value of the State. It allows limits to the
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
in public services, especially when it is a matter of protecting minors against external pressures.'' The Commission considers that the expression of an individual's religion in the French state has to comply with the basic rules regarding the secular nature of the state and has to comply with the requirements of equality between the sexes and the safeguarding of the rights of minors. Similar debates on the education of girls in headscarves have long raged in secular-yet-Muslim
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula ...
; the European Court of Human Rights upheld the laws of Turkey, which are more restrictive than the French law; it therefore seems highly unlikely it would declare the French law contrary to the Convention. Another piece of legal criticism is that a full-fledged law was not needed to enforce a measure that basically amounts to a new set of school regulations. Any binding document of lesser value (such as a ''décret'' or an ''arrêté ministeriel'') would have had a similar effect. Since the writing of the Napoleonic Code, a principle of French law has been that it must be, in the words of the great legislator Portalis, "general and abstract." Critics therefore argue that, by legislating on issues that could be solved with texts other than laws, the French legislature lowers the values of the law in general. Article 34 of the
Constitution of France The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Consti ...
vests power in Parliament to legislate on the "fundamental principles of teaching", leaving the application of these principles to the executive branch. By legislating on such minutiae, the argument goes, Parliament may have overstepped the "domain of the law" (''domaine de la loi'') that is set out by the Constitution only for the sake of pleasing the media and some interest groups. However, a counter-argument is that the ''Conseil d'État'', ruling according to current statute law, considered that sweeping prohibitions of religious attire or headgear by administrative authorities was contrary to law.


Opposition


Human rights NGOs

Some international human rights' organisations criticised the law.
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ...
stated:
The proposed law is an unwarranted infringement on the right to religious practice. For many Muslims, wearing a headscarf is not only about religious expression, it is about religious obligation.
The
United States Commission on International Religious Freedom The United States Commission on International Religious Freedom (USCIRF) is a U.S. federal government commission created by the International Religious Freedom Act (IRFA) of 1998. USCIRF Commissioners are appointed by the President and the lead ...
said:
In February 2004, the Commission issued a public statement expressing concern over the proposed new law. The Commission expressed particular concern that the proposed restrictions may violate France's international human rights commitments. The Commission also stated that though increased immigration in France in recent years has created new challenges for the French government, including integration of these immigrants into French society as well as problems of public order, these challenges should be addressed directly, and not by inappropriately limiting the right to freedom of thought, conscience, religion, and belief. The French government's promotion of its understanding of the principle of secularism should not result in violations of the internationally recognized individual right to freedom of religion or belief.
In 2012, the
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per ...
stated that the expulsion of a Sikh pupil from his school in 2008 because of his Sikh turban or keski was a violation of the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fre ...
signed by France.


Jihadists

Several members of
Al-Qaeda Al-Qaeda (; , ) is an Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military targets in various countr ...
criticized the law:
Ayman al-Zawahiri Ayman Mohammed Rabie al-Zawahiri (June 19, 1951 – July 31, 2022) was an Egyptian-born terrorist and physician who served as the second emir of al-Qaeda from June 16, 2011, until his death. Al-Zawahiri graduated from Cairo University with a ...
criticized the law in 2004 and considered it to be part of an ongoing campaign against Islam by "Crusaders", Abu Mus’ab al-Zarqawi criticized the law in 2005. In 2009 Al-Qaeda in the Islamic Maghreb called France the "mother of all evils" and urged revenge against France for its “fierce war on our daughters who wore Hijab”.


International

Various commentators outside of France condemned the law based on what they saw as its racist implications. Susan Price, an Australian activist, argued that "the wedge-politics of racism has always been used to divide the working class, which in France pulled off spectacular rolling strikes against the government in 2003," adding that "the current attack must also be seen as part of a continuum of racist policies which go back to the mid-1990s and the 'Fortress Europe' policies of the major European capitalist governments" designed "to appeal to the support base of Jean-Marie Le Pen's right-wing National Front (FN)." Similar arguments were made at the time by American anti-racist activist, Sharon Smith, who added the claim that Muslim women in France opposing the 2004 law were fighting against the same "state-imposed oppression" as women in Afghanistan were opposing by seeking freedom to choose to refrain from wearing burkas.


Enforcement

The law came into effect on 2 September 2004, with the new school year. In September 2005, the Ministry of Education reportedLe Monde
, 30 September 2005
that only 12 students showed up with distinctive religious signs in the first week of classes, compared to 639 in the preceding year. A number of students have elected to take state-provided distance-learning classes from CNED. There was one case of a
Sikh Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism, Sikhism (Sikhi), a Monotheism, monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Gu ...
student in the ''
académie An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, f ...
'' of Créteil, who refused to remove his
turban A turban (from Persian دولبند‌, ''dulband''; via Middle French ''turbant'') is a type of headwear based on cloth winding. Featuring many variations, it is worn as customary headwear by people of various cultures. Communities with promin ...
. The decision caused an outcry from many Muslims across the world, calling it a violation of freedom of practicing their religion. In addition to protests of a few thousand people in Paris, there were protests of up to a few hundred people in other countries, especially in the Muslim world. As a consequence of the law, the years following the ban has seen an increasing number of Islamic secondary schools being established, some Muslim female students chose to study at home, and others left France with their families.


Interpretation

In some schools, the ban was also applied to long skirts and headbands. In April 2015, a 15-year-old schoolgirl in northeastern France was sent home for wearing a long skirt deemed an "ostentatious sign" of the girl's Muslim faith by the principal. It caused further controversy and infuriated many of the country's Muslims, who saw the school system's censure of the girl as discriminatory. The
Collective Against Islamophobia in France The Collective Against Islamophobia in France (french: Collectif contre l'islamophobie en France; abbreviated CCIF) was a French non-profit organisation, created in 2003 and dissolved in 2020, which mission was to combat discriminations towards Mu ...
has documented 130 similar cases across France between January 2014 and April 2015.French School Deems Teenager's Skirt an Illegal Display of Religion
, ''The New York Times'', April 29, 2015.


See also

* Alma and Lila Lévy *
Civil religion Civil religion, also referred to as a civic religion, is the implicit religious values of a nation, as expressed through public rituals, symbols (such as the national flag), and ceremonies on sacred days and at sacred places (such as monuments, bat ...
*
Feminism in France Feminism in France is the history of feminist thought and movements in France. Feminism in France can be roughly divided into three waves: First-wave feminism from the French Revolution through the Third Republic which was concerned chiefly w ...
* Islam in France *
Islamic dress in Europe Hijab and burka controversies in Europe revolve around the variety of headdresses worn by Muslim women, which have become prominent symbols of the presence of Islam in especially Western Europe. In several countries, the adherence to ''hijab' ...
* Islamic scarf controversy in France * Quebec Charter of Values, similar legislation proposed in Quebec in 2013 * R v Headteacher and Governors of Denbigh High School, ex p Begum, a similar controversy in England *
Religious pluralism Religious pluralism is an attitude or policy regarding the diversity of religious belief systems co-existing in society. It can indicate one or more of the following: * Recognizing and tolerating the religious diversity of a society or coun ...
*
Secular education Secular education is a system of public education in countries with a secular government or separation between religion and state. An example of a secular educational system would be the French public educational system, where conspicuous reli ...
* Sikhism in France


Notes


External links


English


The deep roots of French secularism
article by Henri Astier on BBC News online, Sept 1st, 2004


The war of the headscarves
(
The Economist ''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Eco ...
, February 7, 2004)
French MPs back headscarf ban
( BBC, February 10, 2004)
Eight different viewpoints on the headscarf from around Europe
( BBC, February 10, 2004)
Religious dress legal news and resources
JURIST A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...


French


About the bill from the Assemblée nationale


Support


English


Analysis by the Brookings Institution


French

* The Law and the associated legislative process *
Law 2004-228 of March 15, 2004English translation
*
Parliamentary report
on the law by
Pascal Clément Pascal Clément (12 May 1945 – 21 June 2020) was a French politician, member of the UMP. He was a member of the National Assembly of France for the sixth district, encompassing the Loire. He served as Minister of Parliamentary Relations f ...
**
French Senate The Senate (french: Sénat, ) is the upper house of the French Parliament, with the lower house being the National Assembly, the two houses constituting the legislature of France. The French Senate is made up of 348 senators (''sénateurs'' a ...

Legislative file on the law
**
French National Assembly The National Assembly (french: link=no, italics=set, Assemblée nationale; ) is the lower house of the bicameral French Parliament under the Fifth Republic, the upper house being the Senate (). The National Assembly's legislators are kn ...

Legislative file on the law
* Litigation ** ''Conseil d'État'', November 2, 1992

** ''Conseil d'État'', March 14, 1994

** ''Conseil d'État'', March 10, 1995

** ''Conseil d'État'', November 27, 1996

** ''Conseil d'État'', October 6, 2004

** ''Conseil d'État'', October 8, 2004

** ''Cour administrative d'appel de Paris'', July 19, 200

* Legal analyses and applicable jurisprudence *
Legal analyses
on the principle of laïcité (decisions and opinions of the ''Conseil d'État'') *
French Code of Education
legislative part ** ''Conseil d'État. Rapport public 2004. Jurisprudence et avis de 2003. Un siècle de laïcité (Etudes et documents n.55)'', ''La Documentation française'',
online versionPDFsummary
** ''Conseil d'État'', general assembly, section of the Interior
advice #346.893 – November 27, 1989
{{DEFAULTSORT:French Law On Secularity And Conspicuous Religious Symbols In Schools Education policy in France
Secularity Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
Religion and education Secularism in France 2004 in law Law on secularity and conspicuous religious symbols in schools Religion and society in France Islam in France Islamic clothing controversy in France Religion and law Religion and children Religious symbols 2004 in education 2004 in religion 2004 establishments in France