HIJAB BANS IN SPORT IN FRANCE
In a Decision rendered on 29 June 2023, the French Council of State (Le Conseil d’État) was presented with a case brought by two associations seeking to allow the hijab in the French Football Federation (FFF), alongside the League of Human Rights, which challenged the ban on wearing any sign or attire manifesting an ostensible political, philosophical, religious, or union affiliation during matches.
The French Council of State ruled that sports federations, entrusted with managing public service under their responsibility, may require players to maintain attire neutrality during competitions and sporting events to ensure the smooth conduct of matches and prevent any potential conflict or confrontation. The Council of State found the ban imposed by the FFF to be appropriate and proportionate.
During the Paris 2024 Olympic Games, French athletes were not permitted to wear the hijab, in accordance with French principles of secularism and neutrality.
However, this approach has faced criticism at the international level.
Bans imposed in France on women and girls, who choose to wear the hijab when playing sports, have been held by independent Experts of the United Nations (UN), appointed by the UN Human Rights Council, as being discriminatory and, as such, contrary to their freedom of expression rights.
According to the UN Experts:
“Muslim women and girls who wear the hijab must have equal rights to participate in sporting and cultural life and freely manifest their identity, religion or belief in private and in public.”
Accordingly, the UN Experts have called upon the French Authorities to take steps to ensure that such bans by Sports Federations must be proportionate and based on grounds recognised by international law to justify any limitations on these rights.
Furthermore, the UN Experts have stated that:
“The neutrality and secular nature of the State are not legitimate grounds for imposing restrictions on the rights to freedom of expression and freedom of religion or belief. Any limitations of these freedoms must be proportionate, necessary to reach one of the objectives stated in international law (safety, health and public order, the rights and freedoms of others), and justified by facts that can be demonstrated, and not by presumptions, assumptions or prejudices.”
And have added that:
“In a context of intolerance and strong stigmatisation of women and girls who choose to wear the hijab, France must take all measures at its disposal to protect them, to safeguard their rights, and to promote equality and mutual respect for cultural diversity.”
All of this chimes with the Olympic Charter, which provides that the practice of sport is a human right and that any form of discrimination, including on religious grounds, is contrary to the idea of Olympism.
We advise sportspersons and sports governing bodies on all kinds of discrimination in sport and represent them in any corresponding legal proceedings.
For further information and advice, please email, Dr Estelle Ivanova, the Head of our French Law Practice Group, at ‘ivanova@valloni.ch’.