Nadia, a second-year student in a public high school, wears a headscarf. She complies with the provisions of the law of March 15, 2004. However, for the past few days, the school principal has been asking her to remove her headscarf as soon as she reaches the sidewalk opposite her school. She is therefore questioning the legality of such an order.

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 conspicuously display religious affiliation is prohibited.

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 the 2004 circular (art.2-2), the law of March 15, 2004 applies to all activities under the responsibility of educational institutions or teachers, including those that take place outside the school premises, such as school trips and physical education classes.

While students must not display religious symbols within the school premises and during school outings, they are free to keep their headscarves until they cross the school grounds, in other words, the gates or entrance of said institution.

Thus, educational staff cannot ask students to remove their headscarves 50 meters from the institution or on the opposite sidewalk under the pretext that the surroundings of the institution are part of the middle or high school.

Indeed, the surroundings of a school, sidewalks, roads, or parking areas are not under the authority of the school principal; they are spaces that depend on municipal services.

What should I do?

If you receive comments about removing your headscarf at the entrance of the institution:

• Request the legal basis (law text, circular, decree, internal regulations, etc.) that justifies asking you to remove it further away.
• If you are denied access to the institution, request a written notification specifying the reason for refusal.
• Inform your parents of the situation and request a meeting with them and the school principal to promote mediation.
• You can alert the Director of Departmental Education Services (DSDEN) and the Defender of Rights.
• 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:

Laws and code articles: LAW No. 2004-228 of March 15, 2004 framing, in application of the principle of secularism, the wearing of signs or attire conspicuously manifesting a religious affiliation in public schools, middle schools, and high schools; art. L. 141-5-1 of the Education Code; art. L. 111-1, L. 141-1 and L. 141-2 of the Education Code; article R. 511-12 of the Education Code; art. D. 511-43 of the Education Code; art. 225-1 and 225-2 of the Penal Code; art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and art. 2 of Additional Protocol No. 1.

Circulars: Circular of May 18, 2004 on the implementation of Law No. 2004-228 of March 15, 2004 framing, in application of the principle of secularism, the wearing of signs or attire manifesting a religious affiliation in public schools, middle schools, and high schools; Circular No. 2014-059 “Application of the rule, preventive measures and sanctions”.

Case law: Council of State, December 5, 2007, No. 295671, No. 285394, No. 285395 and No. 285396; ECHR November 8, 2011 V. C. v. Slovakia, No. 18968/07.