Islamic scarf controversy in France

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 Jean-Pierre Chevènement.
• 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 on the traditional spectrum in France, and has revealed divergences on new political levels, especially between "republicans" (proponents of intervention by the secular Republic) and "liberals" (in an older sense of the French term referring to those who support the liberties of the individual).

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, many married women cover their hair with a form of headscarf, called a "tichel".

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), and in Saudi Arabia, the entire body, must be covered by the veil (burqa), as is the case in some areas of Pakistan.

In most Muslim societies, this obligation is not enforced by law.[12] In Egypt and Turkey, for example, wearing the scarf is controversially forbidden in certain professional contexts.

The wearing of the scarf or hijab in France, and in the main countries of origin of French Muslims (Algeria, Tunisia, 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.[13] 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.[14] 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.[15]
• Muslim identity in the face of what is considered French bigotry against Muslims.[16] 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[17] (a concept of the Wahhabi school of thought, a minority[18] which is criticized[19] 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.[20]

There also exists a notable minority of French non-Muslims who have expressed support for the right to wear the veil in public schools.[21]

According to some feminist groups, as well as some human rights advocacy groups, wearing the scarf can symbolize a woman's submission to men.[22] It is feared that permitting the veil in schools risks opening the door to other practices that exist in the Muslim world.[23]

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).[24]

These arguments are shared by some Islamic feminists. Thus, Fadela Amara, 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."[25] Another francophone Muslim influential for his work on public welfare, Hedi Mhenni, shares the view of these Islamic feminists and similarly expressed support for Tunisia'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."[26]

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.[27] 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.

In the mid-2000s, a majority of French educators opposed the veil in general, and particularly in classes.[28]

The majority of French people, according to a survey conducted in the last four months of 2003,[29] 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 ruled that a private crèche did not have the right to fire a woman who wore an Islamic headscarf.[30]

According to the same surveys,[29] 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.[21] 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."[31][32] 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 countered: "It's not tradition, it's archaic! French feminists are totally contradictory. When Algerian women fought against wearing the headscarf in Algeria, French feminists 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."[25]

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.[33]

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.

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 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 (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.[35] However, veiled students are sometimes denied attendance.[36]

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 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 hijab on school trips.[37]

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.

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 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[38][39][40] and a bandana.[41][42]

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.[43][44]

In 2012, UN Human Rights Committee has found a violation of ICCPR in case of expulsion of a Sikh from a school based on the 2004 law.[45]

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.[53][54] The girls' father, Laurent Lévy, a Jewish French lawyer,[55][56] was quick to point out the antisemitic furore regarding the media's focus on his ethnicity, "I am Jewish by Vichy rules." In an interview with the BBC, he explained that his ex-wife, his daughters' mother, is a Muslim from Kabyle, Algeria.[57][58] The sisters wrote a book about their experience.[59]

Although FIFA allows women to play in hijab, the French Football Federation has banned women from wearing hijab in competitive matches.[60] In 2022 the French Senate passed a law that would have codified this ban, although it failed in the National Assembly.[61] Les Hijabeuses, a collective of Muslim soccer players, protested the bill and are now challenging the FFF ban.[62]