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EXPLAINED: Does France really have a hijab ban?

As Iranian women burn their hijabs in protest at the country's repressive laws you might have heard people contrasting this to the French 'hijab ban' - but is the Muslim headscarf actually banned in France?

EXPLAINED: Does France really have a hijab ban?
People hold placards reading messages such as "French and Muslim, proud of our both identities" (C) and "Don't touch my veil, respect my choice, no to Islamophobia" as part of a demonstration against islamophobia in Paris on November 10, 2019. (Photo by GEOFFROY VAN DER HASSELT / AFP)

What are the rules? Does France have a hijab ban?

No, France does not have a ban on hijabs in public spaces. However, the rules differ when it comes to headscarves and full-face coverings and this can be confusing because both the full-face veil and the Muslim headscarf are often referred to a voile in French.

In 2010, the country brought in a complete ban on clothing that includes full-face coverings – including the burka and niqab. These cannot be worn in any public space in France, at risk of a €150 fine.

The hijab or headscarf, however, is completely legal in public spaces including shops, cafés and the streets and it’s common to see women wearing them, especially in certain areas of the big cities like Paris.

However, that doesn’t mean there is no restriction on women’s freedom to wear the Muslim headscarf.

In line with France’s laws on laïcité (secularism) it is forbidden to wear overt symbols of religion – including the Muslim headscarf – in government buildings, including schools and universities (with the exception of visitors).

Public officials such as teachers, firefighters or police officers are also barred from wearing any overt symbol of their religion while they are at work.

In 2004, President Jacques Chirac’s government banned all religious signs from state schools. While the law also banned crucifixes and kippas, “it was mostly aimed at girls wearing Muslim headscarves,” explained The Local’s columnist, John Lichfield.

Burkinis are also subject to certain rules. They are not allowed in public swimming pools in France where there are strict regulations regarding dress (Speedos only for men and compulsory swimming caps), but they are allowed on beaches and in other public spaces.

READ MORE: Burkini: Why is the French interior minister getting involved in women’s swimwear?

This became a source of controversy during the summer of 2022, when Grenoble challenged the ban on the full-body swimsuit by relaxing its rules on the swimwear permitted in public pools.

In response to the challenge, France’s highest administrative court voted to uphold the countrywide ban in June. 

What about in athletics?

Some federations, such as the French Football Federation, have banned players from wearing the hijab, along with other “ostentatious” religious symbols such as the Jewish kippa.

A women’s collective known as “les Hijabeuses” launched a legal challenge to the rules in November last year.

Other sports, such as handball and rugby, have a more open position.

Are there plans to change these rules? 

Currently, there are no government plans to reverse the ban on full-face coverings including the burka and niqab or to allow the symbols of religion in public buildings, like schools.

There have been attempts to change the current legal framework on the headscarf, however.

In 2021, Senators proposed an to the government’s “anti-separatism bill” that would ban girls under 18 wearing a hijab in public. Several other amendments also targeted Muslim women – such as banning mums from wearing the hijab when accompanying school trips – however these were all defeated in the Assemblée nationale and therefore did not become law.

READ MORE: EXPLAINED: What does laïcité (secularism) really mean in France?

Are the rules followed?

The rules around the niqab are generally followed and it has become quite rare in France.

However sociologist Agnès De Féo, believes that in the years following its ban, the full-face covering became more popular, rather than less.

She wrote that “the law had an incentive effect: it incited women to transgress the ban by embracing the prohibited object. Prohibition made the niqab more desirable and created a craze among some young women to defy the law.”

As of 2020, however, fewer women wore the niqab and burka in France than they did in 2009.

The rules around the wearing the headscarf in public buildings are generally respected, but it’s not uncommon for rules around any form of Muslim dress to be over-zealously interpreted – sometimes by accident, sometimes with a cynical political intent.

One key example was in 2019, when Julien Odoul, a member of Marine Le Pen’s National Rally (RN) party, caused widespread outrage after posting a video of himself confronting a headscarf-wearing woman who accompanied students on a field trip.

He cited “secular principles” – arguing that the headscarf’s ban in schools should also extend into school trips.

In response, the country’s Education Minister at the time, Jean-Michel Blanquer, clarified that that “the law does not prohibit women wearing headscarves to accompany children.”

There was also controversy at election time over candidates who appeared on posters wearing the hijab, although again this is perfectly legal and doe snot contravene secular principles. 

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STRIKES

French protest pension reform again as unions threaten to step up action

Protesters once again took to the streets in towns and cities across France on Tuesday to call for the government to scrap its proposed pension reform as fresh strikes brought widespread disruption on transport.

French protest pension reform again as unions threaten to step up action

The third day of union-backed demonstrations since January 19th was set to test momentum for the protest movement which has vowed to block Macron’s bid to raise the retirement age.

The head of the hardline CGT union, Philippe Martinez, warned that more “numerous, massive and rolling” strikes were coming if the government did not drop the plan.

“If the government keeps on refusing to listen then of course things will have to be ratcheted up,” he said, as the demonstration in Paris got underway.

French leftist party La France Insoumise (LFI) leader Jean-Luc Melenchon (C) addresses media ahead of the start of the demonstrations on the third day of nationwide rallies against a deeply unpopular pensions overhaul at Gare de Lyon train station in Paris on February 7, 2023. (Photo by Sameer Al-Doumy / AFP)

Macron put raising the retirement age and encouraging the French to work more at the heart of his re-election campaign last year, but polls estimate that two-thirds of people are against the changes.

Lawmakers began debating the reform, which would see the age for a full pension raised from 62 to 64 and the mandatory number of years of work extended for a full pension, during a stormy session in parliament on Monday.

Mobilisations across the country

Last week’s demonstrations brought out 1.3 million people across the country while a first round on January 19 drew 1.1 million protesters, according to the police.

A security source told AFP that between 900,000 and 1.1 million people were expected on Tuesday.

French 24-hour news channel BFMTV reported that more than 200 rallies against the pension reform had been organised across the country on Tuesday.

Protesters gather at Place de l’Opera prior to the start of the demonstration (Photo by Sameer Al-Doumy / AFP)

The crowds so far have been the largest anti-government protests since 2010, during pension reform by right-wing former president Nicolas Sarkozy.

There were tensions in the western city of Nantes where protesters clashed with security forces who used tear gas pellets, an AFP photographer said.

Protesters in Nantes in western France shrouded in teargas face off with law enforcement during a demonstration on the third day of nationwide rallies against pension reform (Photo by LOIC VENANCE / AFP)

In Paris, French daily Le Parisien reported that within an hour of the march beginning, more than 2,200 people had already been subject to police checks.

Hard-left leader Jean-Luc Melenchon said Macron had to take account of the mobilisation on the streets.

“Unless he has become completely authoritarian, you need to be reasonable in a democracy,” he said, accusing Macron of trying to start his five-year term with a “show of force”.

The impacts of strike action 

Trains and the Paris metro again faced “severe disruptions”, while cancellations at Orly airport south of the capital were expected to total one in five.

The overall level of disruption, including in schools, was estimated to be lower than on the previous two days of action.

According to Franceinfo, 25 percent of French national rail workers walked out on Tuesday, in contrast to 36 percent during the previous day of action on January 31st. As for teachers, the French ministry of education estimated to Franceinfo that about 14.17 teachers were out on strike, compared to 25.92 percent on January 31st (based on parts of the country not currently on holiday). 

Nevertheless, around half of long-distance trains were running, the state railway company said.

Railway workers hold a banner as they protest against pension reform a general assembly of railway workers on the third day of nationwide rallies organised since the start of the year, against a deeply unpopul at Gare de Lyon train station in Paris on February 7, 2023. (Photo by Sameer Al-Doumy / AFP)

Another day of action is planned by unions on Saturday although with train unions calling for protests rather than strikes, disruption may be less severe. 

“It’s ok, it’s manageable,” Sylvain Magnan, a 23-year-old told AFP at the main station in the city of Marseille on the Mediterranean. “I just took a later train.”

Two unions representing rail workers, the CGT and Sud-Rail had also threatened renewable strike action from mid-February onwards. 

“I don’t feel that the guys are ready to go on a renewable strike at the moment”, train driver and member of the CGT chapter representing rail workers, CGT-Cheminots, Thierry Milbeo, told Le Parisien, referencing his fellow rail workers.

As for oil refineries, approximately one in two TotalEnergies workers were out on strike during the third round of walkouts, the company said, but stocks at petrol stations are sufficiently high to handle any temporary pause in deliveries.

The situation in French parliament

Macron’s proposals would bring France closer into line with its European neighbours, most of which have retirement ages of 65 or higher.

But the government has struggled to defend the overhaul as necessary or fair, given that the system is currently in balance and that low-skilled workers are said by many economists to bear the brunt of the changes.

“It’s reform or bankruptcy,” Public Accounts Minister Gabriel Attal said in parliament on Monday, leading to criticism from opponents that he was exaggerating.

French Junior Minister for Public Accounts Gabriel Attal delivers a speech during the debate regarding the draft law on pension system reform at the National Assembly in Paris, on February 6, 2023. (Photo by Ludovic MARIN / AFP)

Forecasts from the independent Pensions Advisory Council show the pensions system in deficit on average over the next 25 years.

The changes would lead to annual savings of around €18 billion by 2030 — mostly from pushing people to work for longer and abolishing some special retirement schemes.

France’s spending on pensions is the third highest among industrialised countries relative to the size of its economy. The country is number one in terms of overall public spending, according to data from the Organisation for Economic Co-operation and Development.

In parliament, the government will need to rely on the right-wing Republicans opposition party to pass the draft legislation, without having to resort to controversial executive powers that dispense with the need for a vote.

Macron’s allies are in a minority in the hung National Assembly after elections in June.

Prime Minister Elisabeth Borne on Sunday offered a key concession, saying people who started work aged 20 or 21 would be allowed to leave work a year earlier.

Republicans’ head Eric Ciotti has promised his backing, in theory giving the government the numbers it needs to pass the legislation.

But the left-wing opposition group and the far-right nationalist and Eurosceptic party of Marine Le Pen are staunchly opposed and have filed thousands of amendments.

Speaking in parliament on Monday, Le Pen said the government’s reform was “unfair” and “dictated by your desire to please the European Commission.”

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