France Debate Over Veils

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 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), 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.

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 in class at Collège Gabriel Havez (a middle school) in Creil. 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'' of public schools, as secularism statutes applied to the schools themselves, not the pupils. That December, minister of education Lionel Jospin 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) in Mantes-la-Jolie 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.

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.

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 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).

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, 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. In Egypt and Turkey, 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 (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.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 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 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 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 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 and Pakistan.

arranged marriages that exist, to varying degrees, in many countries of the Muslim world.

female circumcision, practiced by Muslims in 28 countries, particularly in sub-Saharan Africa, but also in Egypt, Oman, Yemen, and the UAE.

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: "Rare indeed must be the 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: "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 thergirls 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. 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." Another francophone Muslim influential for his work on public welfare, , 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."

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 ruled that a private crèche 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."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 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."

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 kippa, 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, 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 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. 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 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.

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 ''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 has found a violation of ICCPR 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 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

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