The State Council will have to make a decision. France’s highest administrative court is set to decide whether to allow the wearing of the Islamic veil, also called the hijab, at football matches in the country following a positive opinion from a public rapporteur released on Monday. Its decision is expected by mid-July. Explanations for betting on this controversial topic.
What is this FFF regulation that can be found in the Council of State?
This is Article 1 FFF. Since 2016, it has banned “any wearing of signs or clothing allegedly showing political, philosophical, religious or trade union affiliation.” A text that theoretically forbids players from wearing the hijab during official football matches, even if in fact some matches are played with veiled players, as our investigation at the Paris-Île League in France found.
It is this Article 1, also used by the federation to ban breaks during Ramadan during matches, that has been targeted by Hijabeus militants. “Our struggle is not political, not religious, it is about sports and only sports,” President Fune Diawara assures her. In November 2021, the group summoned the FFF to the Council of State to force it to change this rule clause to follow FIFA.
“What they are trying to achieve is to bring the demands of the community to football,” outraged Loic Poupo, the lawyer on the case. The latter refuses, as it is, to change this text. It should be noted that, in the opinion of the public rapporteur, this change will not affect the players selected for the French national team. Wearing the tricolor jersey, they will be required to remain neutral as they will provide a “civil service mission”.
What does the law say?
In fact, the law is currently limited to requiring religious neutrality from employees and agents working for the delegated civil service federation, and not from its executors. “No standard of domestic law restricts the freedom of religion or belief in public activities,” Michel Poto, lawyer at the Marseille Bar and Doctor of Law, explained to our newspaper in February 2022.
Thus, each federation can choose the clothes allowed by its players to participate in matches. But a year and a half ago, this topic was discussed in the Senate and the National Assembly. The deputies, then in an absolute majority along with the government, rejected in February 2022 a Senate amendment passed by the Les Républicains party to ban the wearing of the veil in sports competitions. A similar amendment already suffered the same fate last year when the two chambers considered the text on separatism. Alpes-Maritimes MP (LR) Eric Ciotti condemned the “subjugation” of the majority to Islamism for the second time.
What can be done in other sports?
It all depends on internal rules. The French Basketball Federation (FFBB) bans the wearing of the veil, but indirectly, as federal regulations forbid the wearing of any kind of headgear during matches. In January 2023, Salimata Sylla, player of the club Aubervilliers (Saint-Saint-Denis) in the National 3, denounced in an interview provided by Parisian-Today in France, this text that prevents her from developing in the hijab in competitions.
Rugby players are allowed to wear the hijab during matches “provided it does not pose a danger to the wearer or other players”. Thus, the former second line XV of France, Assa Koita, could wear it under his helmet, especially at the Stade Français. There are no restrictions for handball on this plan, provided that it is not worn around the neck for safety reasons. The French Tennis Federation simply requires the wearer to wear “clothing appropriate for the practice” of the sport. Judo also allows the wearing of a veil.
At the international level, the texts are flexible. In addition to FIFA, the International Basketball Federation has allowed the wearing of the hijab in competition since 2017. Athletes nominated for the Olympics may also compete wearing the hijab.
How is the French political world positioned?
The opinion of the public rapporteur of the State Council has caused a lot of political reactions since Monday. “Hijab is NOT in sports! And we will pass legislation to ensure that,” Marine Le Pen, the National Rally (RN) deputies boss and former presidential candidate, said on Twitter. “We are dealing with the onset of a certain number of Islamist ideological schools on our territory,” the mayor of Perpignan, Louis Alio, said on CNews on Tuesday morning.
However, on Twitter, MP (LR) Eric Ciotti recalled his opposition to allowing the hijab in sports, recalling the rejection of his 2021 amendment: “Now we are suffering the consequences! exclaims the chosen one. Even within the ranks of the majority, opinions have diverged in recent years depending on political considerations. In February 2022, current former Gender Equality Minister Elizabeth Moreno believed that “women have the right to wear the Islamic veil to play.”
But on Tuesday morning, Interior Minister Gérald Darmanin said he was “strongly opposed” to wearing the hijab in competition. “You don’t have to wear religious attire when you exercise,” a Place Beauvau tenant told RTL. When you play football, you don’t have to know the religion of the person in front of you. »
“I am fully mobilized with Sports Minister Amelie Oudéa-Castera for strict adherence to our republican principles in sports, in particular secularism and civil service neutrality,” Prime Minister Elisabeth Bourne said before the court. Session of questions to the government on Tuesday.
Now what will happen?
The Council of State must make its decision on this matter within three weeks, that is, by the middle of July. In the vast majority of cases, the latter follows the opinion of the public speaker, but nothing obliges him to do so. “The topic is ‘important’,” Clement Malverty assessed it during the hearing, and the decision of the Council of State will be strictly respected, he began. He also warned of the “risk” that some would later try to “extend” the hijab ban to other public places.
Refusing to “declare a victory” too quickly, Les Hijabeuses lawyer Me Marion Ogier hailed the public rapporteur’s conclusions “which go in our direction.” She hoped that the Council of State, in making its decision, would issue “a law, nothing but a law” without being influenced by “politics”.
In the event of a positive court decision, the FFF will have to change its rules, since the decisions of the Council of State are not subject to appeal. And then we could attend at the beginning of the school year the first official matches with players who are allowed to wear a veil.
Source: Le Parisien
I have worked in the news industry for over 10 years. I have a keen interest in sports and have written for many different publications. I am currently working as an author at 24 News Recorder. I cover mostly sports news but also write about other topics such as current affairs and politics. I have a strong interest in social media and how it can be used to engage with audiences.
