Aziz, who juggles many activities, wishes to perform his prayers on time. He is sometimes forced to pray outdoors or at work and wonders if this is legal. Similarly, he wonders if his children can pray at school or university.

What does the law say?

1. Praying in public spaces

In France, the Declaration of the Rights of Man and of the Citizen of 1789, which appears in the preamble of the Constitution, states that “no one should be disturbed for his opinions, even religious ones, provided that their manifestation does not disrupt the public order established by law”.

Freedom of religion is not only a matter of internal conviction. According to European law, it also implies the right to manifest one’s religion individually and in private, or collectively, in public and within the circle of those who share the same faith (Kokkinakis v. Greece, judgment of 25 May 1993, Series A No. 260-A, p. 17, § 31).

Article 9 of the European Convention on Human Rights states:

“Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom to manifest his religion or belief, in worship, teaching, practice and observance, either alone or in community with others and in public or private.

Freedom to manifest one’s religion or beliefs shall be subject only to such limitations 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.”

Freedom of conscience therefore guarantees the right to pray outdoors, in the street or in a park, for example. The only limitation to this right concerns the possible disturbance to public order that they could constitute, such as the unauthorized obstruction of a passageway.

2. Prayer in certain closed public service areas

In public schools, only the “wearing of signs or clothing that conspicuously manifest religious affiliation” is prohibited, as provided for by Law No. 2004-228 of March 15, 2004. Prayers performed by a student are not covered. It is possible to request a space for this purpose, such as a chaplaincy.

The general principle of secularism which prescribes neutrality in religious matters only applies to public officials and not to students, who are considered users of public services (Circular No. 5209/SG of April 13, 2007 on the charter of secularism in public services). This principle cannot therefore have the effect of prohibiting prayer performed by a student. However, a teacher, subject to the obligation of neutrality, could not pray publicly within the school without disregarding this principle.

3. Prayer in the workplace

During working hours, an employee must carry out the tasks for which they were hired. Thus, an employer can object to an employee praying during working hours.

However, during break time, the employee can in principle engage in personal activities.

An employee can therefore pray during their break time, provided that it does not interfere with the work of other employees. Indeed, the employee’s religious practice within the company must be compatible with their schedule, respect for the workplace, and the tasks assigned to them (CA Douai, May 31, 2016, No. 14/03708).

What are the rights and duties of the employer?

The employer has the power to implement rules within the company and to take disciplinary action against employees. However, Articles L. 1121-1 and 1321-3 of the Labor Code require that any restrictions on individual or collective freedoms be objective, justified by the nature of the task to be performed, and proportionate to the aim pursued.

• The employer can adjust work schedules according to the constraints of their employees, but they are not obligated to do so. Indeed, the organization of working time falls under the employer’s management authority.
• An employer is free to accept or refuse to provide a prayer room in the company if one or more employees request it.

When the employer restricts the freedom to pray, they cannot do so for a particular religion. Such a restriction must apply to all beliefs, otherwise it would be discriminatory.

An employee cannot be discriminated against because of their religious beliefs. Articles 225-1 and 225-2 of the Penal Code punish and define discriminatory practices as ‘any distinction made between individuals on the basis of (…) their belonging or non-belonging, real or supposed, to an ethnic group, a Nation, a supposed race or a specific religion‘.

In a decision of the Council of State (16 February 2004, M. Benaissa, req. n° 264314), the judge of the liberty-référé recalls that the general application of service regulations and the particular assessment of service necessities can, without being manifestly illegal, place limitations on the freedom of worship, of which the ritual practice of prayer is one element.

What should I do?

• If you do not have an office, you should first request permission from your employer to ask for a space in the workplace to pray.
• You can inform your union representative.
• You can refer the matter to the Defender of Rights: Contact the Defender of Rights
• Finally, you can contact Equitas, which will provide you with the necessary assistance in your proceedings.