Samia has obtained her baccalaureate and is eager to attend the graduation ceremony organized by her school. She wonders, however, if she can keep her headscarf for the occasion.

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 ostensibly manifest a religious affiliation is prohibited.

The law applies to public schools, middle schools, and high schools, and 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 taking place outside the premises of the institution. This includes the awarding of a prize for a competition in which the student participated as part of the education provided by the institution, or the awarding of a national diploma obtained as part of their schooling when the student is still enrolled in public education.

As the law only applies to primary and secondary education, two situations must be distinguished:

1. The high school student who has obtained her baccalaureate: after the baccalaureate exams, she is no longer enrolled and has the status of a “former student”. Consequently, she is no longer subject to the 2004 law that prohibits the wearing of religious signs at school. The same applies to a student who has obtained their BTS.
2. The student who has obtained a diploma while still enrolled in public education. This student will remain subject to the prohibition imposed by the law of March 15, 2004 on displaying religious signs, even during the diploma ceremony.

Therefore, a baccalaureate graduate cannot be prohibited from attending her diploma ceremony wearing her headscarf, nor if she needs to go to the high school to collect her diploma.

What to do if you are asked to remove your headscarf during the graduation ceremony?

• Request the legal basis (law text, circular, decree, internal regulations, etc.) that justifies this prohibition.
• Encourage dialogue by reminding that as a “former student” you are no longer subject to the 2004 law that prohibits the wearing of religious signs.
• You can alert the secularism reference person 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

LAW No. 2004-228 of March 15, 2004 framing, in application of the principle of secularism, the wearing of signs or attire ostensibly manifesting a religious affiliation in public schools, middle schools, and high schools; Article L. 141-5-1 of the Education Code.

Circular of May 18, 2004 relating to 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.