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Is France really planning to ban the Muslim headscarf?

Recent days have seen a proliferation of social media posts protesting against a proposed 'hijab ban' in France - but is there really a plan to ban the Muslim headscarf?

Published: 26 April 2021 14:27 CEST
Is France really planning to ban the Muslim headscarf?
Muslim headscarves are not banned n the streets of France. Photo: Fred Dufour/AFP

What has happened?

The protests started when Somali-Norwegian model Rawdah Mohamed posted a selfie on Instagram account with the hashtage #handsoffmyhijab slamming France’s proposal to ban the Muslim headscarf.

 
 
 
 
 
View this post on Instagram
 
 
 
 
 
 
 
 
 
 
 

A post shared by Rawdah 🕊 (@rawdis)

The hashtag, and its French equivalent #Pastoucheamonhijab was shared around the world, including by Olympic fencer Ibtihaj Muhammad and the US congresswoman Ilhan Omar.

What proposals are they referring to?

These are amendments put forward by the Senate, the French upper house of parliament, to the government’s ‘anti-separatism’ law.

This is a flagship piece of legislation from Emmanuel Macron’s government that aims to ‘strengthen republican values’ and combat extreme forms of Islam which promote separatism and terror attacks.

ANALYSIS What is contained in France’s law against Islamic extremism?

The bill includes a variety of measures such as cracking down on hate speech, limiting the right to home-schooling and giving the government extra powers to limit foreign funding of places of worship – however it does not contain any measures further limiting the right to wear the hijab in France.

The bill passed through the Assemblée nationale – the lower house of parliament – in February and is now being debated in the Senate, where Senators have taken the opportunity to add several amendments targeting Muslim women – including banning mums from wearing the hijab when accompanying school trips, banning girls under the age of 18 from wearing the headscarf at all and banning the wearing of the full-body ‘burkini’ swimsuit.

So does that mean these amendments will be adopted?

No, most political commentators say these measures are highly unlikely to become law.

Under the French political system it is the Asemblée nationale that has the final say on legislation, not the Senate, and Senators have already tried and failed several times in recent years to introduce similar measures further limiting the wearing of the hijab.

Similar amendments were also proposed when the bill passed through the lower house in February and were voted down and France’s Interior Minister has strongly argued against a ban on the wearing of the hijab in all public spaces.

Even if these measures were voted through both parliaments, they would be likely to be ruled unlawful.

In the case of the ‘burkini ban’, several local mayors in 2016 attempted to introduce this, only to have their bans overturned after they were ruled unlawful by the Conseil d’Etat (Council of State).

READ ALSO ‘My body, my choice’ – Muslim women in France on why they wear the hijab

Are there restrictions in France on what Muslim women can wear?

Yes, France in 2010 brought in a complete ban on full-face coverings including the burka and niqab. This cannot be worn in any public space in France, at risk of a €150 fine.

There are further restrictions on the wearing of the headscarf in some public buildings. 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 or for public officials such as teachers, firefighters or police officers to wear overt symbols of religion.

EXPLAINED What exactly does laïcité mean in France?

However the hijab is legal in public spaces including shops, cafés and the streets.

Burkininis are not allowed in public swimming pools in France where there are strict rules on dress (Speedos only for men and compulsory swimming caps) but are allowed on beaches and in other public spaces.

Member comments

  2. In my Oxford/Hachette dictionary “laicite”, as a concept, is defined as “secularism” (as in the article). In my Concise Oxford English dictionary “secularism” is a derivative of “secular”, in turn defined as “not religious, sacred or spiritual”, also in the Christian Church defined as “not subject to or bound by religious rule” – presumably Christian Church rule. Additionally there are other meanings not religiously related.
    Unfortunately I don’t have a decent French language dictionary to see how “laicite” is defined in its own language. Can someone help?
    So if “laicite” becomes law as so far interepreted, the possibility emerges of any sort of religious identity, of any faith, becoming illegal. This in turn will lead to a host of scholarly legal interpretation as to who wears what on a daily basis, let alone down on the beach. Don’t forget those dress elements which can be used to disguise recognition for clandestine or vain purposes.
    And if such laws are passed, then the rawdis type of experience (or worse) will need to be sanctioned for the protection of all.
    Does the word “tolerance” come in to this at any point?

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POLITICS

8 things you never knew about Andorra

The tiny statelet nestled in the Pyrenees mountains that mark the border between France and Spain hit the headlines with its new language requirement for residency permits – but what else is there to know about Andorra?

Published: 26 April 2024 15:11 CEST
8 things you never knew about Andorra

This week, Andorra passed a law setting a minimum Catalan language requirement for foreign residents. 

It’s not often the tiny, independent principality in the mountains makes the news – other than, perhaps, when its national football team loses (again) to a rather larger rival in international qualifying competitions.

The national side are due to play Spain in early June, as part of the larger nation’s warm-up for the Euro 2024 tournament in Germany. Here, then, in case you’re watching that match, at Estadio Nuevo Vivero, are a few facts about Andorra that you can astound your fellow football fans with…

Size matters

Small though it is – it has an area of just 468 square kilometres, a little more than half the size of the greater Paris area – there are five smaller states in Europe, 15 smaller countries in the world by area, and 10 smaller by population.

People

Its population in 2023 was 81,588. That’s fewer people than the city of Pau, in southwest France (which is itself the 65th largest town in France, by population).

High-living

The principality’s capital, Andorra la Vella (population c20,000 – about the same population as Dax) is the highest capital city in Europe, at an elevation of 1,023 metres above sea level. 

Spoken words

The official language – and the one you’ll need for a residency permit – is Catalan. But visitors will find Spanish, Portuguese and French are also commonly spoken, and a fair few people will speak some English, too.

Sport

We’ve already mentioned the football. But Andorra’s main claim to sporting fame is as a renowned winter sports venue. With about 350km of ski runs, across 3,100 hectares of mountainous terrain, it boasts the largest ski area in the Pyrenees.

Economic model

Tourism, the mainstay of the economy, accounts for roughly 80 percent of Andorra’s GDP. More than 10 million tourists visit every year.

It also has no sales tax on most items – which is why you’ll often find a queue at the French border as locals pop into the principality to buy things like alcohol, cigarettes and (bizarrely) washing powder, which are significantly cheaper.

Head of state

Andorra has two heads of state, because history. It’s believed the principality was created by Charlemagne (c748 – 814CE), and was ruled by the count of Urgell up to 988CE, when it was handed over to the Roman Catholic Diocese of Urgell. The principality, as we know it today, was formed by a treaty between the bishop of Urgell and the count of Foix in 1278.

Today, the state is jointly ruled by two co-princes: the bishop of Urgell in Catalonia, Spain and … the president of France, who (despite the French aversion to monarchy and nobility) has the title Prince of Andorra, following the transfer of the count of Foix’s claims to the Crown of France and, subsequently, to the head of state of the French Republic. 

Military, of sorts

Andorra does have a small, mostly ceremonial army. But all able-bodied Andorran men aged between 21 and 60 are obliged to respond to emergency situations, including natural disasters.

Legally, a rifle should be kept and maintained in every Andorran household – though the same law also states that the police will supply a firearm if one is required.

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