The Council of State decided, Thursday, June 29, to maintain the ban on the wearing of the hijab in women’s football. The decision goes in the opposite direction to the recommendations of the public rapporteur, which had already triggered an avalanche of reactions and criticism, and the assurance of the government to be “mobilized” for secularism.
The decision considers that the players are indeed users of a public service and therefore not subject to the duty of “neutrality”, but that the FFF can enact the rules it deems necessary for the “smooth running” of matches.
The highest administrative court ruled three days after examining an appeal by the collective of Muslim women “Les Hidjabeuses” against the French Football Federation (FFF), which prohibits them from playing veiled during competitions. This group challenged before the administrative justice article 1 of the FFF regulations, which prohibits since 2016 “any wearing of a sign or outfit ostensibly manifesting a political, philosophical, religious or trade union affiliation”.
During the hearing on Monday, the public rapporteur, who says the law and whose opinion is generally followed, proposed the cancellation of this article 1, asking that the Federation modify its rules. There is neither “proselytism” nor “provocation” in the mere wearing of the hijab, and no “requirement of neutrality” for the players dismissed from the FFF, he had estimated, however emitting a caveat for the players of the French team, who represent “the Nation” and carry out “a public service mission”.
The public rapporteur insisted on the “fundamental distinction” between public service agents, to whom the principle of “neutrality” applies, and users, “free” to manifest their convictions as long as they do not disturb public order. .
Opposition from the government and the right
The subject is “important”, and the decision of the Council of State will be closely followed, he also said, warning against the “risk” that some subsequently try to “extend” the ban on the veil to other public spaces.
The recommendation of the public rapporteur had triggered a wave of political comments. Gérald Darmanin was the first to draw on Tuesday, saying he was “very opposed” to the wearing of the hijab being authorized during football matches. “The Council of State is an extremely wise body. I deeply hope for the Republic that they will keep neutrality on the sports grounds, “supported the Minister of the Interior.
The right and the extreme right of the political spectrum have called on the government to legislate to ban religious symbols in sport. “The hijab in sport is no! And we will make a law to enforce that, ”tweeted the head of RN deputies in the Assembly, Marine Le Pen. The president of LR, Eric Ciotti, announced the filing of a bill if the Council of State were to go in the direction of the public rapporteur.
The government is “fully mobilized” for “strict respect for our republican principles in sport”, Prime Minister Elisabeth Borne soberly declared to the National Assembly on Tuesday. The Minister of Sports, Amélie Oudéa-Castéra, went a little further. “We’re not ruling anything out,” including a “change in the law,” she said. “We see that there is a need for clarification.”
In a rare clarification on Wednesday, on the eve of its decision, the Council of State denounced “with the greatest firmness the attacks having targeted the administrative jurisdiction and in particular the public rapporteur”. The role of the latter “is to expose publicly, and in complete independence, his analysis of the questions raised by the case under consideration, and to propose a legal solution, in order to enlighten the formation of judgment, which alone rules on the dispute. “, recalled the high court in a press release.
“Challenging the functioning” of administrative justice, “is to attack an essential institution for democracy”, also underlined the Council of State, which consequently “reserves the right to initiate proceedings in the event of insult, defamation, incitement to hatred, or threat”.