In France, there is an ongoing social, political, and legal debate concerning the wearing of the hijab and other forms of Islamic coverings in public. The cultural framework of the controversy can be traced to France's history of colonization in North Africa, but escalated into a significant public debate in 1989 when three girls were suspended from school for refusing to remove their headscarves. That incident, referred to in France as ''l'affaire du foulard'' (the scarf affair) or ''l'affaire du voile'' (the veil affair), initially focused the controversy on the wearing of the hijab in French public schools. Because of the wide-ranging social debates caused by the controversy, ''l'affaire du foulard'' has been compared to the
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 ...
in its impact on French culture.
Since 1989, the debate has grown to include the wearing of Islamic coverings on public beaches, when playing sports, and by politicians. The larger debate involves the concept of ''
laïcité
(; 'secularism') is the constitutional principle of secularism in France. Article 1 of the French Constitution is commonly interpreted as discouraging religious involvement in government affairs, especially religious influence in the determin ...
'' (secularism), the place of Muslim women in French society, differences between Islamic doctrine and Islamic tradition, the conflict between communitarianism and the French policy of minority assimilation, discussions of the " Islamist threat" to French society, and
Islamophobia
Islamophobia is the fear of, hatred of, or prejudice against the religion of Islam or Muslims in general, especially when seen as a geopolitical force or a source of terrorism.
The scope and precise definition of the term ''Islamophobia'' ...
.
According to several researchers, the 2004 headscarf ban "reduces the secondary educational attainment of Muslim girls and affects their trajectory in the labor market and family composition in the long run."
History
The initial ''affaire du foulard'' was sparked on 18 September 1989 when three female Moroccan students were suspended for refusing to remove their
head scarves
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 ...
in class at Collège Gabriel Havez (a
middle school
A middle school (also known as intermediate school, junior high school, junior secondary school, or lower secondary school) is an educational stage which exists in some countries, providing education between primary school and secondary school. ...
) in
Creil
Creil is a commune in the Oise department in northern France. The Creil station is an important railway junction.
History
Archaeological remains in the area include a Neolithic site as well as a late Iron Age necropolis, perhaps belonging ...
. The students reached an agreement with the school on 9 October 1989, under which they wore the headscarves on school grounds but removed them once they entered their classrooms. On 10 October 1989, the girls again refused to take off their scarves when in class. The girls' actions received more and more press coverage, and Muslim advocacy organizations became involved. In November 1989, the Conseil d'État ruled that the scarf's quasi-religious expression was compatible with the ''
laïcité
(; 'secularism') is the constitutional principle of secularism in France. Article 1 of the French Constitution is commonly interpreted as discouraging religious involvement in government affairs, especially religious influence in the determin ...
'' of public schools, as secularism statutes applied to the schools themselves, not the pupils. That December, minister of education
Lionel Jospin
Lionel Robert Jospin (; born 12 July 1937) is a French politician who served as Prime Minister of France from 1997 to 2002.
Jospin was First Secretary of the Socialist Party from 1995 to 1997 and the party's candidate for President of France in ...
issued a statement declaring that educators were responsible for allowing or banning the wearing of the scarf in classes on a case-by-case basis."Beneath the Veil: Muslim Girls and Islamic Headscarves in Secular France" by Nicky Jones, Macquarie Law Journal, 2009
In September 1994, a new memorandum, the " François Bayrou memo", was issued, delineating the difference between "discreet" religious symbols able to be brought into classrooms, and "ostentatious" religious symbols (including the hijab), which were to be forbidden in public establishments. In October of that year, students at Lycée Saint-Exupéry (a
high school
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 '' lower secondary education'' (ages 11 to 14) and ''upper seconda ...
) in
Mantes-la-Jolie
Mantes-la-Jolie (, often informally called Mantes) is a commune in the Yvelines department in the Île-de-France region of north-central France. It is located to the west of Paris, from the centre of the capital. Mantes-la-Jolie is a subprefe ...
organized a protest in favor of the right to wear the veil in classrooms. In November, 24 veiled students were suspended from the same high school as well as from Lycée Faidherbe in
Lille
Lille ( , ; nl, Rijsel ; pcd, Lile; vls, Rysel) is a city in the northern part of France, in French Flanders. On the river Deûle, near France's border with Belgium, it is the capital of the Hauts-de-France region, the prefecture of the N ...
.
Between 1994 and 2003, around 100 female students were suspended or expelled from middle and high schools for wearing the scarf in class. In nearly half of these cases, their exclusions were annulled by the French courts.
Scholars have drawn connections between France's regulations on headscarves and historical colonialism, as well as France's difficulties in assimilating the Muslim population into society.Joan Scott argued that right-wing parties (including Jean-Marie Le Pen's National Front) used the controversies to conflate North African immigrants with
Islamic fundamentalism
Islamic fundamentalism has been defined as a puritanical, revivalist, and reform movement of Muslims who aim to return to the founding scriptures of Islam. Islamic fundamentalists are of the view that Muslim-majority countries should return ...
.
Political and cultural context
Political positions
The most debated point is whether or not students have the right to wear the scarf in classes in public establishments such as primary and secondary schools, as well as universities. Meanwhile, the controversy has contributed to discussions of the principle of secularism, which is the foundation of the 1905 law of separation of church and state in France. The two principal positions that have emerged are:
* A complete preservation of the "principle of secularism" as an element of freedom. This is the position taken most notably by Jacques Chirac as well as by certain leftists such as
.
* An abandonment of the principle of secularity for the benefit of total religious freedom, and for the recognition of religious communities. This Anglo-Saxon-based community model was defended most notably by Nicolas Sarkozy, as well as some leftists and certain Greens.
This debate has thus contributed in blurring the limits between the left and
right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical ...
on the traditional spectrum in France, and has revealed divergences on new political levels, especially between "
republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
s" (proponents of intervention by the secular Republic) and "
liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
s" (in an older sense of the French term referring to those who support the liberties of the individual).
Muslim tradition
The tradition of the headscarf itself has been in existence since before the advent of Islam, and depictions of Mary, mother of Jesus, show her wearing a hair covering. In
Orthodox Judaism
Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses ...
, many married women cover their hair with a form of headscarf, called a "
tichel
According to halacha (Jewish law), married Jewish women are expected to cover their hair when in the presence of men other than their husband or close family members. Such covering is common practice nowadays among Orthodox Jewish women.
Differ ...
".
The importance assigned to head covering varies, from that of colorful head scarves that do not conceal much hair in sub-Saharan Africa, to head scarves that cover the hair and neck to the extent that it should cover all hair, as worn in much of the world, to clothes that cover parts of the face (
Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
), and in Saudi Arabia, the entire body, must be covered by the veil (
burqa
A burqa or a burka, or , and ur, , it is also transliterated as burkha, bourkha, burqua or burqu' or borgha' and is pronounced natively . It is generally pronounced in the local variety of Arabic or variety of Persian, which varies. Examp ...
), as is the case in some areas of
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...
.
In most Muslim societies, this obligation is not enforced by law. In
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Medit ...
and
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 in ...
, for example, wearing the scarf is controversially forbidden in certain professional contexts.
Motivations of French Muslims who wear the scarf
The wearing of the scarf or hijab in France, and in the main countries of origin of French Muslims (
Tunisia
)
, image_map = Tunisia location (orthographic projection).svg
, map_caption = Location of Tunisia in northern Africa
, image_map2 =
, capital = Tunis
, largest_city = capital
, ...
, Morocco, Turkey), is a relatively recent phenomenon which has been coined "the new veiling" by A.E. MacLeod.
France-centered arguments were voiced at the time of this controversy in order to justify students' wearing of the scarf in public schools:
* "Respectability" and "discretion." News, movies, and music aimed at young men often contain stereotypical "easy girl" characters who are sexually taken at will and who are always un-scarfed.Description of musical clips containing such stereotypes. Numerous analysts
, another exampl ) and coupled with 41% of French in an ipsos survey ) consider the image of women in advertising to be degrading. This leads many to entertain the idea that women who show their hair are not respectable and are offered (or are offering themselves) sexually to everyone. More generally, advertising and the media present a standard model of how Western women may be assumed to be. This vision of Western women offered by media may lead French Muslim women to wear the veil to affirm their respectability and gain independence from their families who might otherwise be hesitant to allow them that freedom.This argument ("the veil gets them out of the house") is taken in "Le Foulard et la République", by Françoise Gaspard and Farhad Khosrokhavar, ed. La Découverte, 1995. Some veiled women, while very independent, are using the traditional argument for discretion in order to insist on their right to wear the veil at school.Example of such a course: sisters Alma and Lila Lévy seen in the newspape "L'Humanité" . Sociologist Françoise Gaspard speaks of a "demanded veil".
* Muslim identity in the face of what is considered French bigotry against Muslims.There are no objective givens on the level of
racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonis ...
felt by Muslims in France. As far as French people in general, survey carried out in September 2003, by the BSA Institute gives an idea of the level of racism in France, real or felt. According to this survey, 87% of French people consider racism to be widespread in their country (see p.569 of the French version of the report). However, 14% of French people express racist ideas (p.576). Wearing the scarf is also a way for French Muslim women to guard their identity.
* Avoidance of violence in poor neighborhoods, where unveiled women are not safe since they may be targeted for attack by Islamic morality patrols (a concept of the
Wahhabi
Wahhabism ( ar, ٱلْوَهَّابِيَةُ, translit=al-Wahhābiyyah) is a Sunni Islamic revivalist and fundamentalist movement associated with the reformist doctrines of the 18th-century Arabian Islamic scholar, theologian, preacher, an ...
school of thought, a minority which is criticized by other schools of Islam).
According to a 2008 study by Stephen Croucher in the ''Journal of Intercultural Communication Research'', "Muslims deem the Islamic veil or hijab to be a fundamental part of their identity." Muslims believe that the hijab or veil is symbol of Islam that should not fall under the French idea of secularism. Thus, many French-Muslims claimed that the law banning the veil in public schools was aimed at "forcefully integrating" the Muslim population by restricting their identity.
There also exists a notable minority of French non-Muslims who have expressed support for the right to wear the veil in public schools.There is no internet site representing this group. On the following sites, there can be found passages by and interviews with members of this group, entirely or partially on the scarf tout particulièrement les quatre derniers paragraphes
Motivations of French people opposed to allowing hijabs to be worn in schools
Feminist arguments
According to some feminist groups, as well as some
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
advocacy groups, wearing the scarf can symbolize a woman's submission to men.
The theme of the scarf as a symbol of submission of the woman to the man is found in many a discourse. Among them are:
"Les Chiennes de Garde": "It's the symbol of the oppression of women, of a demonization of the body and women's sexuality" communiqué , 7 March 2005),
"Les Penelopes": "Veiled, they are property of masters who designate them, to others and to the girls themselves, as that which is forbidden." article published on the website of this association)
la Ligue des Droits de l'Homme: "The LDH recalls its hostility to the veil, a symbol of oppression for many women" communiqué , 6 January 1997). These views are still held despite women being made free individuals from the advent of Islam, where they had previously been inherited property in pre-Islamic cultures.
This is also expressed by individuals: , novelist of
Algerian
Algerian may refer to:
* Something of, or related to Algeria
* Algerian people
This article is about the demographic features of the population of Algeria, including population density, ethnicity, education level, health of the populace, econo ...
origin: "The veil is an antiquated alienation",
Sylviane Agacinsky, philosopher: "The veil symbolizes submission to male authority"
It is feared that permitting the veil in schools risks opening the door to other practices that exist in the Muslim world.Among them are:
the burka used in
Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
and
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...
. arranged marriages that exist, to varying degrees, in many countries of the Muslim world.
female circumcision
Female genital mutilation (FGM), also known as female genital cutting, female genital mutilation/cutting (FGM/C) and female circumcision, is the ritual cutting or removal of some or all of the external female genitalia. The practice is found ...
, practiced by Muslims in 28 countries, particularly in sub-Saharan Africa, but also in
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Medit ...
,
Oman
Oman ( ; ar, عُمَان ' ), officially the Sultanate of Oman ( ar, سلْطنةُ عُمان ), is an Arabian country located in southwestern Asia. It is situated on the southeastern coast of the Arabian Peninsula, and spans the mouth of ...
,
Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
, and the
UAE
The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia (The Middle East). It is located at th ...
.
It is often speculated that forbidding the hijab would limit freedom. Rather, the argument put forward by some feminists is that the hijab is not a free choice, but a result of social pressures (i.e., if a law does not forbid the practice of wearing the hijab, social pressure may render it obligatory).
This argument is put forward by many, including:
Jean-Louis Debré
Jean-Louis Debré (; born 30 September 1944) is a former French judge and politician who served as President of the National Assembly from 2002 to 2007 and President of the Constitutional Council from 2007 to 2016.henomenon ofyoung women who spontaneously wear he veilspontaneously, outside any pressure from their family or from where they live." site of the National Assembly)
Alain Madelin
Alain Madelin (; born 26 March 1946) is a French politician.
Politician
Madelin was minister of Industry in Prime Minister Jacques Chirac's cabinet from 1986 to 1988, a minister of Business in Prime Minister Édouard Balladur's cabinet f ...
: "Certainly, one can hope that the prohibition of the Islamic veil in school will be dissuasive and that many young women will find in the application of this law a way to escape the social pressure more or less against their will." "Le Monde" , 7 February 2004) Fadéla Amara , president of the Neither Whores Nor Submissive association: "I would also like to talk about the girls who don't wear the veil and who are threatened by this pressure that is brought on only by these
ther Ther may refer to:
*''Thér.'', taxonomic author abbreviation of Irénée Thériot (1859–1947), French bryologist
* Agroha Mound, archaeological site in Agroha, Hisar district, India
*Therapy
*Therapeutic drugs
See also
*''Ther Thiruvizha
''T ...
girls who wear the veil. You really have to understand that in a city today, a girl who wears the veil is respectable, and if she doesn't, she isn't."
These arguments are shared by some
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 ...
. Thus,
Fadela Amara
Fadela Amara (born Fatiha Amara on 25 April 1964) is a French feminist and politician, who began her political life as an advocate for women in the impoverished ''banlieues''. She was the Secretary of State for Urban Policies in the conservativ ...
, the former president of the organisation Ni Putes Ni Soumises, stated that: "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." Another francophone Muslim influential for his work on public welfare, , shares the view of these Islamic feminists and similarly expressed support for
Tunisia
)
, image_map = Tunisia location (orthographic projection).svg
, map_caption = Location of Tunisia in northern Africa
, image_map2 =
, capital = Tunis
, largest_city = capital
, ...
's ban on the veil in public workplaces in those terms: "If today we accept the headscarf, tomorrow we'll accept that women's rights to work and vote and receive an education be banned and they'll be seen as just a tool for reproduction and housework."
Secularism arguments
Certain individuals and associations consider the scarf to be a symbol of belonging to the Muslim community. According to this line of reasoning, women who wear the veil display their religious and community affiliation, which harms the unity and secularism of the French Republic.
Examples of texts which use this argument: an article from "l'Humanité" an interview with Bernard Stasi in the paper "La Croix".
The position of the French government is that secularism in schools is incompatible with wearing ostentatious religious articles, whatever they be. However, in December 2003, President Chirac extended this policy for all public secondary education establishments, risking fanning the tensions between communities within the multicultural French society. France is home to both the largest Jewish and Muslim minorities in Western Europe.
Educators
In the mid-2000s, a majority of French educators opposed the veil in general, and particularly in classes.According to survey of teachers carried out from the 22nd to the 24th of January, 2004 by the CSA Institute; 79% of teachers consider the veil incompatible with public service and education
General public
The majority of French people, according to a survey conducted in the last four months of 2003,On the same site are listed the results of four surveys carried out in October and December, 2003. In each of them, an absolute majority of persons questioned answer in favor of a law forbidding the veil in public schools. responded that they would be in favor of a law forbidding the veil in schools.
In 2013, 86% of respondents in a poll for i-Télé were in favour of a ban for headscarfs and other religious and political symbols in both public and private institutions for children. The poll was made after the
Court of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
ruled that a private
crèche
Crèche or creche (from Latin ''cripia'' "crib, cradle") may refer to:
*Child care center, an organization of adults who take care of children in place of their parents
*Nativity scene, a group of figures arranged to represent the birth of Jesus ...
did not have the right to fire a woman who wore an Islamic headscarf.
Motivations of French people who do not oppose the hijab
According to the same surveys, more than 30% (about 10% of the population of France is Muslim) of the French do not want a law forbidding the veil in schools. Many individuals and organizations have been opposed to the idea of a law forbidding the veil since it was first proposed.
The collective "Les Blédardes" sees the controversy over the veil as a manifestation of colonialist sentiments. In 2003, they demand: "Give the veiled girls back their status as students - democracy and the State of justice will come out of this more mature, just as they matured through the rehabilitation of the
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 ...
."Among authors of this text are Houria Boutelja, founder of the "Les Blédardes" collective and Laurent Lévy, father of Alma and Lila Lévy (see 4). However, Laurent Lévy himself cannot be considered in favor of the veil in schools: "The choice of young women to hide their hair, ears, and neck is decidedly regrettable - because of what it symbolizes." Furthermore, some Islamic feminists have expressed offense at double standards implicit in some (non-Muslim) feminist arguments. Thus, when some feminists began defending the headscarf on the grounds of "tradition",
Fadela Amara
Fadela Amara (born Fatiha Amara on 25 April 1964) is a French feminist and politician, who began her political life as an advocate for women in the impoverished ''banlieues''. She was the Secretary of State for Urban Policies in the conservativ ...
countered: "It's not tradition, it's archaic! French feminists are totally contradictory. When Algerian women fought against wearing the headscarf in
French feminists
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 wit ...
supported them. But when it's some young girl in a French suburb school, they don't. They define liberty and equality according to what colour your skin is. It's nothing more than
neocolonialism
Neocolonialism is the continuation or reimposition of imperialist rule by a state (usually, a former colonial power) over another nominally independent state (usually, a former colony). Neocolonialism takes the form of economic imperialism, ...
."
Some would argue that the government attempting to protect Muslim women from the supposed repressiveness of the hijab is a form of paternalism. The banning of the hijab can be viewed as just another way of controlling how women dress by a patriarchal society.
A third interpretation of the principle of secularity based on its original formulation recalls that, according to the law, "all are equal to show and express their religious opinions in public as well as in private", and that the French state has the responsibility to guarantee access to free, public education to all Frenchmen.
Another argument is that making it illegal sends a message that hate crimes may be more tolerable.
An obvious concern that arises is what would qualify as an offensive scarf. The Islamic requirement for a 'Hijab' is to cover the hair and neck in combination to not wearing tight fitting clothing. As such, Muslim women could wear a combination of a hat and scarf which would qualify as a 'Hijab' but would not be obviously religious.
2004 French headscarf ban
In July 2003, President Jacques Chirac appointed a commission to examine the interaction between secularism and religious symbols in schools. The Commission released its report in December, endorsing a law that would ban "ostentatious" religious symbols, including the Islamic veil, the
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 ...
kippa
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 ...
, and large Christian crosses. Chirac adopted these findings "in the spirit of secularism", and the law, sometimes referred to as " the veil law", was voted in by the French parliament in March 2004. The law permits discreet signs of faith, such as small crosses,
Stars of David
The Star of David (). is a generally recognized symbol of both Jewish identity and Judaism. Its shape is that of a hexagram: the compound of two equilateral triangles.
A derivation of the ''seal of Solomon'', which was used for decorative ...
, and the palm-shaped amulets representing a hand of Fatima.
Application in education
In many cases, the exact extent of possible application of the law is hard to ascertain, and has led to further complications: For example, is the law applicable to something other than the Islamic veil which covers the hair, such as a bandana, which does not outwardly indicate religious affiliation? Eventually, the case was settled in court (see below).
Would veiled parents be able to enter their children's schools? Former education minister
François Fillon
François Charles Armand Fillon (; born 4 March 1954) is a retired French politician who served as Prime Minister of France from 2007 to 2012 under President Nicolas Sarkozy. He was the nominee of the Republicans (previously known as the Union ...
has stated that the law does not apply whatsoever to the parents of students. The Mediator of the Republic has agreed with this stance. However, in some cities, such as Montreuil, Seine-Saint-Denis, where integration of large numbers of Muslims is an acute problem, veiled parents are frequently denied entry. In May 2005, the mother of a student was denied permission to run a stand at her son's school festival. After much publicity, the interdiction was lifted. On 14 May 2007, the
High authority for the struggle against discrimination and for equality
The French Equal Opportunities and Anti-Discrimination Commission (French ''Haute autorité de lutte contre les discriminations et pour l'égalité'' or HALDE) is a French "independent administrative authority" which "has the right to judge all ...
(HALDE) affirmed that veiled parents should be allowed to attend school activities.
While the law forbidding the veil applies to students attending publicly funded primary schools and high schools, it does not refer to universities. Applicable legislation grants them freedom of expression as long as public order is preserved. However, veiled students are sometimes denied attendance.
In 2019, controversy surrounding the law erupted when a Muslim woman chaperoning her son's school field trip was told to remove her veil, sparking a debate regarding the right of private citizens to wear the scarf while taking part in school activities. Far Right politicians pushed for a ban on the scarf in such situations, citing the fact that students had to adhere to a ban on all religious head-coverings, and thus mothers should abide by the same rules. French Prime Minister
Édouard Philippe
Édouard Charles Philippe (; born 28 November 1970) is a French politician serving as Mayor (France), Mayor of Le Havre since 2020, previously holding the office from 2010 to 2017. He was Prime Minister of France from 15 May 2017 to 3 July 2020 ...
defended the right of mothers to wear the hijab, claiming that secularism meant defending the religious freedoms of the people. However, French Education Minister Jean-Michel Blanquer, despite acknowledging the right of women to wear as they pleased, expressed his wish that mothers would not wear the hijab on school trips. Others from Emmanuel Macron's centrist party also expressed some support for a ban on the hijab on school trips. Others within the party expressed their opposition to those sentiments. Public personalities also came out against the statements. In an open letter, 90 public personalities signed an open letter calling on Macron to come out in support of Muslim mothers wearing the ban on school trips.
Application in other situations
In public hospitals, employees are expected to respect the principle of secularism. In nursing schools, interviews are an official requirement for entry, during which applicants may be asked if they are willing to remove their veil either altogether or for the purpose of wearing a disposable cap, such as those worn in operating rooms.
As far as patients are concerned, the rule is to respect religious preferences.
Legal challenges
Some later court decisions have clarified issues that remained open. These decisions were issued by the highest French administrative court, the '' Conseil d'Etat'', and by the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
.
The ''Conseil d'État'' affirmed on 5 December 2007 that the ban also apply to clothing elements that were not inherently religious, but had a religious affiliation because of the behaviour of the student. Through this holding, the court upheld expulsions of students wearing a Sikh Keski and a bandana.
On 4 December 2008, the European Court of Human Rights (ECHR) affirmed the legality of the ban. Although the cases dated prior to the 2004 law, the Court rationale was consistent with the law: the ECHR ''held that the national authorities were obliged to take great care to ensure that (...) the manifestation by pupils of their religious beliefs on school premises did not take on the nature of an ostentatious act that would constitute a source of pressure and exclusion''.
In 2012, UN
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 y ...
has found a violation of
ICCPR
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, freedo ...
in case of expulsion of a Sikh from a school based on the 2004 law.
Controversies over legal prohibition
On 12 August 2016, the mayor of
Cannes
Cannes ( , , ; oc, Canas) is a city located on the French Riviera. It is a commune located in the Alpes-Maritimes department, and host city of the annual Cannes Film Festival, Midem, and Cannes Lions International Festival of Creativity. T ...
in southern France banned full-body swimsuits, also called " burkinis", from the beach, arguing that it was considered a symbol of Islamic extremism and might spark tensions. Shortly after, on a
Nice
Nice ( , ; Niçard dialect, Niçard: , classical norm, or , nonstandard, ; it, Nizza ; lij, Nissa; grc, Νίκαια; la, Nicaea) is the prefecture of the Alpes-Maritimes departments of France, department in France. The Nice urban unit, agg ...
beach, four armed police officers forced a Muslim woman to take off her burkini. A photo of the incident spread quickly and led to criticism of the ban. The woman was fined 38 euro for wearing the burkini, and four other women were fined 38 euros for wearing their burkinis on the beach in Cannes.
On 25 August 2016, the Human Rights League and anti-Islamophobia groups described the ban as a dangerous and illegal threat on basic freedoms, particularly freedom of belief and religion. The UN,
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
,
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
,
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, and
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
have criticised and ruled out France's ban on the burkini, claiming it is a very clear violation of human rights, and it does not respect Muslim women's dignity or modesty.
At least two other cities in France followed with similar bans, and one of these laws was appealed to the Conseil d’Etat, who overturned the bans. Immediately after, the burkini ban in Cannes was overturned by a court in Nice.
Alma and Lila Lévy
Alma and Lila Lévy are sisters who rose to fame at the centre of the French controversy over the veil in 2003 when they were expelled from school.
The controversial expulsion of the Lévy sisters from Lycée Henri-Wallon, in the suburb of Aubervilliers of Paris, ignited an international debate. The Lévy sisters were expelled for wearing the hijab. The girls' father, Laurent Lévy, a Jewish French lawyer, was quick to point out the antisemitic furore regarding the media's focus on his ethnicity, "I am Jewish by
Vichy
Vichy (, ; ; oc, Vichèi, link=no, ) is a city in the Allier department in the Auvergne-Rhône-Alpes region of central France, in the historic province of Bourbonnais.
It is a spa and resort town and in World War II was the capital of ...
rules." In an interview with the BBC, he explained that his ex-wife, his daughters' mother, is a Muslim from Kabyle, Algeria. The sisters wrote a book about their experience.
Athletics
Although FIFA allows women to play in hijab, the French Football Federation has banned women from wearing hijab in competitive matches. In 2022 the French Senate passed a law that would have codified this ban, although it failed in the National Assembly.Les Hijabeuses, a collective of Muslim soccer players, protested the bill and are now challenging the FFF ban.
Practical consequences
The veil controversy and its legislative consequences have revealed problems associated with the practice of the Islamic faith insofar as religion in French society and institutions (as opposed to the problems of integration of individuals). Partially fueled by the fear of a "communitarization" or "Islamization" of French society, the controversy has also fed off fears in certain sections of the Muslim community in France of "forced assimilation" and a slippery slope that would seek to ban more and more expressions of the Muslim faith. The controversy has also, however, brought the issue of the place of Islam in French society to the forefront of debate.
The veil controversy has been used opportunely to promote the expression of a French form of Islam, distinct from the Islam in the French Muslims' countries of origin. The presence of Muslim Frenchwomen wearing
tricolour
A tricolour () or tricolor () is a type of flag or banner design with a triband design which originated in the 16th century as a symbol of republicanism, liberty, or revolution. The flags of France, Italy, Romania, Mexico, and Ireland were ...
veils and shouting, "I am French!" in protests in
Paris
Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, 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), ma ...
against the law forbidding the veil is one example thereof. A survey conducted by the French polling organization CSA in January 2004, revealed that more than 90% of French Muslims claim to subscribe to culturally French principles such as the importance of the Republic and equal rights among men and women. The figure falls to 68% for respondents who believe in the separation of church and state. In contrast, a majority (50–60%) of those surveyed responded unfavorably to the law of ''laïcité'', and would prefer to see their wife or daughter free to wear the veil.
In 2004, a year after the law was voted in, one organization opposed to it, called the "Committee of the 15th of March and Liberty", published a report on the law's effects. The report cites the files of 806 students affected by the law. Of the 806 students, 533 have accepted the law and no longer wear their veils in class.On the beginning of the 2004 scholastic year, a very small minority of Muslim students chose to shave their heads in order not to show their hair while at the same time obeying the letter of the law. The report also gives an assessment of students who have left the French school system because of this issue. Among them, 67 have pursued their studies abroad. Another 73 of those 806 suspended or expelled from schools over the veil have chosen to take government-run
correspondence courses
Distance education, also known as distance learning, is the education of students who may not always be physically present at a school, or where the learner and the teacher are separated in both time and distance. Traditionally, this usually in ...
in order to finish their studies. The number of those who have chosen to study via other, non-government forms of correspondence schools is unknown.
The opening of the 2005 school year passed largely without incident, and opposition to the law seems to have given way to broader public opinion. However, the actual number of those who no longer attend French junior high and high schools over their veils is unknown.
Banning of full face covering in public
In 2010, a public debate arose and France passed a law that bans the wearing of full-face covering, including but not limited to
burqa
A burqa or a burka, or , and ur, , it is also transliterated as burkha, bourkha, burqua or burqu' or borgha' and is pronounced natively . It is generally pronounced in the local variety of Arabic or variety of Persian, which varies. Examp ...
s and
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 ...
s, in public. The law was constitutionally cleared so that it came into force in April 2011. That debate and ban are separate from the above-discussed debate on the hijab in public schools, in that the new law does not pertain to Islamic scarves but rather to the much rarer full-face versions, as well as other full-face coverings (such as masks and balaclavas), and in that the new law applies to all citizens in public spaces regardless of religion or claimed tradition (and regardless of gender).
See also
*
Anti-mask laws
Anti-mask or anti-masking laws are legislative or penal initiatives prohibiting the concealment of one's face in public. Anti-mask laws vary widely between jurisdictions in their intent, scope, and penalties.
North America
United States
There a ...
French ban on face covering
The French ban on face covering (french: LOI n° 2010-1192: Loi interdisant la dissimulation du visage dans l'espace public, "Law of 2010-1192: Act prohibiting concealment of the face in public space") is an act of parliament passed by the Senate ...
*
French law on secularity and conspicuous religious symbols in schools
The French law on secularity and conspicuous religious symbols in schools bans wearing conspicuous religious symbols in French public (e.g., government-operated) primary and secondary schools. The law is an amendment to the French Code of Educatio ...
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 ...
Ian Buruma
Ian Buruma (born December 28, 1951) is a Dutch writer and editor who lives and works in the United States. In 2017, he became editor of ''The New York Review of Books'', but left the position in September 2018.
Much of his writing has focused on ...