Aliyah is enrolled in a public middle school and will have to complete a mandatory internship to discover the working world. She wants to know if she can keep her headscarf.
What Does the Law Say?
The Law No. 2004-228 of March 15, 2004, applying the principle of secularism, framing the wearing of signs or attire openly manifesting a religious affiliation in public schools, middle schools, and high schools states:
“In public schools, middle schools, and high schools, the wearing of signs or attire by which students openly manifest a religious affiliation is prohibited” (Article L. 141-5-1 of the Education Code).
The law applies to public schools, middle schools, and high schools, and the circular of May 18, 2004, regarding the implementation of the law of March 15, 2004 specifies that in high schools, the law applies to all students, including those enrolled in post-baccalaureate programs (preparatory classes for grandes écoles, higher technician sections).
According to this circular (art.2-2), the law of March 15, 2004, applies to all activities under the responsibility of educational institutions or teachers, including those taking place outside the school premises, such as school trips, school travels, and physical education and sports classes.
However, the provisions of Article L. 141-5-1 of the Education Code do not apply to a student from a public educational institution when they are doing an internship in a company or an observation period in a professional environment.
Indeed, during this period, the intern student must comply with the internal regulations of the company (Article D. 124-4 of the Education Code).
The intern is not considered an employee, but they must respect the rules of their host institution, which means that to keep the headscarf, Aliyah will have to choose a private company that does not have a neutrality clause in compliance with the law in its internal regulations.
Similarly, if she wishes to do her internship in a public service or in a structure carrying out a public service mission, the obligation of neutrality would apply to her as an intern (Council of State, 28/07/2017, 390740; Rights Defender, 10/01263; CA, CPAM ruling November 6, 2011, S 10/01263-CR; Court of Cassation, CPAM, March 19, 2013, 12-11.690).
What should I do?
If you are required to remove the headscarf during your internship even though the host institution allows you to keep it:
- Request the legal basis (law text, circular, decree, internal regulations, etc.) that justifies requiring you to remove the headscarf.
- Inform your parents of the situation and request a meeting with them and the school principal to remind them of the legal framework.
- You can alert the secularism referent of the academy, the Director of Departmental Services of National Education (DSDEN), and the Rights Defender.
- If the disagreement persists, you can appeal to the mediator of national education.
- Contact Equitas who will provide you with support and legal assistance.
APPLICABLE REFERENCES
Circular of May 18, 2004, regarding the implementation of the law of March 15, 2004. Education Code: Articles L124-1 to L124-20 (general principles); Education Code: Articles D124-1 to D124-13 (types of authorized and prohibited internships, validity of internship agreements, remuneration).
