France has complicated relations with religious clothing, believing that it infringes on secularism, its fundamental value. In 2004, the country banned the wearing of religious attire in schools. Since 2011, France has issued forbidding orders on wearing face coverings. Although the excuse was originally to avoid public safety concerns, the order still significantly interfered with individual rights, as it banned the burka under the legislation.
However, the French government has taken its actions even further. The French Senate recently proposed a bill to ban hijabs in sporting competitions. The banning further drew attention to the already intense debates around the world between religious freedom and the boundary of secularism in France.
International organizations have simultaneously taken action to address the issue and criticized France’s actions. However, the criticism stays on the words rather than the substance. Religious freedom also deeply correlates to the right to privacy and freedom of speech. The inaction of the international organizations on France’s ban on the hijab is exceptionally concerning.
The Importance of Religious Freedom
Religious freedom is not a new concept. From the religious tolerance in the early days of the Mughal Dynasty to the Virginia Statute of Religious Freedom, the vision of religious tolerance and coexistence has been a part of human society for ages. The Virginia Statute of Religious Freedom even uses the wording “are of the natural rights of mankind” to describe the fundamental nature of religious freedom.
Later, other international treaties finally fulfilled Jefferson’s vision and enshrined religious freedom as an unalienable, universal human right. In the Universal Declaration of Human Rights, religious freedom is recognized. Article 18 of the Universal Declaration of Human Rights states, “Everyone has the right to freedom of thought, conscience, and religion.” Later on, the International Covenant on Civil and Political Rights expanded on the Universal Declaration of Human Rights’s wording: “This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom…to manifest his religion or belief in worship, observance, practice, and teaching.” The UN General Assembly has also passed a Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief to provide detailed protection.
In Europe, religious freedom is also protected by the European Convention on Human Rights (ECHR). Article 9 of the ECHR proclaimed the same rights and protections as freedom of thought and religion. The Charter of Fundamental Rights of the European Union, a part of the Lisbon Treaty, also protects religious freedom in Article 10.
Secularism and Religious Freedom in France
While religious freedom is protected in all international treaties mentioned previously, and France protects it in its constitution, France also values laïcité, meaning secularism, as a fundamental value in society. The French constitution, in Article 1, clearly established the separation between church and state.
More specifically, France passed laws in 1905 to secure the separation between church and state, laying the foundation of secularism in the nation. Although facing pushback, the French government has banned the symbols of religion in schools since 2004: “In public middle and high schools, the wearing of symbols or clothes through which pupils clearly show a religious affiliation is prohibited.”
However, banning religious clothing is critically controversial and has sparked debate in French society. The original intention of the French government’s ban on wearing the hijab in sporting events is rooted in the role of sports in education. However, some activists have also argued that the French legislation will only limit access for women to sporting activities. Similarly, some worried that the ban on the burka in 2011 has effectively limited some women’s activities to their homes.
Inaction of the International Organizations
While the French actions have eroded some rights that it had promised to its citizens, the inaction of the international organization further fueled the erosion of religious freedom in this context. Other international organizations have issued statements calling for the reversal of the ban on the hijab in sports. However, those stayed in words, and no substantial actions were taken. During the Paris Olympics, although the IOC had not issued any restrictions on wearing hijabs, French athletes were still banned from wearing religious clothing.
Although mechanisms exist within the European Union to protect religious freedom, the judgment of the regional human rights body still triggers controversy. The ECHR has ruled in favor of the French government in previous cases related to the hijab ban in 2017. In S.A.S. v. France, the ECHR cited the French concept of “living together” as a sufficient excuse in executing this ban. However, the case’s dissenting opinion has stated, “In any event, such a far-reaching prohibition, touching upon the right to one’s own cultural and religious identity, is not necessary in a democratic society.”
It was the international NGOs that took actions to address the issue. Amnesty International has issued action reports and criticisms over the French government’s action against the hijabs, arguing that the law, under the name of secularism, took away the rights of Muslim women and girls to access equal opportunities in sports. Also, other organizations have worked to deliver legal opinions during the case S.A.S. v. France.
Conclusion
Although secularism is a cornerstone in French society, it should not be a weapon to muzzle the voice of others while marginalizing those who are disadvantaged. The French hijab ban in women’s sports, unfortunately, is one of these actions. Although religious freedom and its protection are inscribed in many documents, international and regional organizations still have not taken sufficient actions to condemn the French government for the actions. Although the banning of hijab in sports is a proposal, France may already be on a slippery slope in the erosion of religious freedom.
