During her university enrollment, Nawel is informed that registration at the university is conditional on removing her headscarf, in application of the principle of secularism.
What does the law say?
Religious freedom is a principle enshrined in French constitutional law as well as international and European law.
Higher education is not affected by LAW No. 2004-228 of March 15, 2004 which, in application of the principle of secularism, regulates the wearing of signs or clothing manifesting a religious affiliation in public schools, colleges, and high schools. 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 reasons, particularly for practical work activities in laboratories or sports activities, which will require, under these conditions, adapting one’s headscarf.
Public officials are subject to the principle of neutrality in the exercise of their functions; which is not the case for users of public services, in this case, students.
As a result, in public 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.
Regarding the student card, no legislative or regulatory text conditions its issuance on the production of bare-headed photographs, unlike identity documents.
Also, refusing to teach a student because of religious signs is discriminatory and, as such, subject to disciplinary and criminal sanctions.
It should be noted that it is possible to wear signs of religious affiliation in all establishments affiliated with the University, such as IUTs, IPAGs, or IEPs.
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 that you be provided with the regulations invoked.
- Demand a written and motivated notification of the refusal you are facing.
- Contact the dean of the university 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 European Convention for the Protection of Human Rights; 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
- Judgment Achouch El Massi Kannouh/ University of Lille II of July 26, 1996 (Council of State, request No. 170106).
