Upon her enrollment in a private higher education institution, Nawel is informed that it is conditional on removing her headscarf, in application of the principle of secularism.

Private higher education encompasses institutions with very diverse statuses:

• private high schools offering higher technical sections (STS) or preparatory classes for grandes écoles (CPGE);
• non-profit organizations, governed by a 1901 law association or by a foundation recognized as being of public utility, most engineering schools are thus under associative status;
• free private higher education institutions including Catholic institutes;
• organizations belonging to commercial companies (including some engineering and business schools).

The private sector thus includes numerous engineering schools, business schools, art schools, schools specialized in communication, journalism or cinema-audiovisual, as well as certain legal schools and paramedical and social schools.

Can I display religious symbols within a private higher education institution?

What does the law say?

• Religious freedom is a principle enshrined in French constitutional law as well as international and European law.

For religious freedom, the main texts are as follows:

• The Declaration of the Rights of Man and of the Citizen of August 26, 1789 (included in the preamble of the 1958 constitution) states in its Article 10 that “No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the public order established by law“.
• The law of December 9, 1905 on the Separation of Churches and State, in its Article 1, states: “The Republic ensures freedom of conscience. It guarantees the free exercise of religious worship subject only to the restrictions enacted in the interest of public order“.
• The Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 declares in its Article 9:

” Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance” without other “restrictions than such as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others “.

• LAW No. 2004-228 of March 15, 2004 regulating, in application of the principle of secularism, the wearing of signs or clothing manifesting a religious affiliation in public schools, colleges and high schools has prohibited the wearing of signs or clothing by which
  students would ostensibly manifest a religious affiliation.
  Higher education, private or public, is not affected by this law which targets students enrolled in public schools (kindergartens, primary schools), colleges and high schools, as well as students in preparatory classes and STS programs whose education is provided in a public high school.

Consequently, the wearing of religious signs and clothing is in principle authorized provided that it does not interfere with teaching activities or public order. Thus, as an exception, this freedom may be limited for safety and hygiene rules, particularly for practical laboratory work activities or sports activities.

The Council of State has estimated that public order could be ensured without resorting to a ban on entering the premises of the institution (Council of State, July 26, 1996, University of Lille 2, request No. 170106).

• The National Consultative Commission on Human Rights (CNCDH) thus concludes that “a general ban on wearing religious signs for people attending higher education institutions is both unnecessary and detrimental to fundamental freedoms” (CNCDH Opinion of September 26, 2013).
• Moreover, it is acknowledged that certain establishments participate in the public service missions of higher education (Article L.611-6 of the Education Code). However, the status of a public service user does not in itself imply any limitation on freedom of opinion and belief, nor on the possibility of expressing them, subject to the proper functioning of the establishment and public order.

The Education Code, in its Article L. 141.6, states that “ The public service of higher education and research is secular and independent of any political, economic, religious or ideological influence; it aims for the objectivity of knowledge; it respects the diversity of opinions. It must guarantee to teaching and research their possibilities of free scientific, creative and critical development .

• The Council of State (CE 28 July 2017, No. 390740, No. 39074 and 390742) was led to rule on the status of nursing students by distinguishing their places of activity. It was notably recognized that in paramedical institutes of higher education, no obligation of neutrality applies.

As a result, in private higher education, the freedom to manifest one’s religion or philosophical convictions in public, or in private, is guaranteed. Indeed, no legislative provision prohibits or restricts the wearing of signs of religious affiliation. Internal regulations that would prohibit the wearing of religious signs in all circumstances, in a general and absolute manner, are illegal and violate the principle of religious freedom.

• Regarding the student card, no legislative or regulatory text conditions its issuance on the production of photographs with uncovered heads, unlike identity documents.
• Also, refusing to teach a student because of religious signs is discriminatory and, as such, subject to disciplinary and criminal sanctions.

What should I do?

In case of refusal of enrollment or access to the premises of the establishment due to the wearing of a religious sign:

• Demand a written and motivated notification of the refusal you are facing.
• Demand that you be provided with the regulations invoked.
• The internal regulations of a private higher education establishment that would prohibit the wearing of religious signs are discriminatory and must be denounced as such in order to be modified by the administration.
• File an appeal with the registration service.
• Get in contact with the head of the establishment to inform them of the illegality of this refusal.
• Contact Equitas who will provide you with support and legal assistance.

References to applicable texts:

• Principle of religious freedom: Art.10 of the Declaration of the Rights of Man and of the Citizen of 1789; Art. 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms; Art. L. 141-6 and L. 811-1 of the Education Code.
• Discrimination: Art. 1, 3, 4, and 5 of the 1960 Convention against Discrimination in Education; articles 225-1 and 225-2 of the Penal Code.
• CE 28 July 2017, No. 390740, No. 39074 and 390742; Council of State, 26 July 1996, University of Lille 2, request No. 170106.