Islamic scarf controversy in France
In France, there is an ongoing social, political, and legal debate concerning the wearing of the hijab and other forms of Islamic coverings in public.
The cultural framework of the controversy can be traced to France's history of colonization in North Africa,[1] but escalated into a significant public debate in 1989 when three girls were suspended from school for refusing to remove their headscarves.
Because of the wide-ranging social debates caused by the controversy, l'affaire du foulard has been compared to the Dreyfus affair in its impact on French culture.
[5] According to several researchers, the 2004 headscarf ban "reduces the secondary educational attainment of Muslim girls and affects their trajectory in the labor market and family composition in the long run.
"[6] The initial affaire du foulard was sparked on 18 September 1989 when three female Moroccan[7] students were suspended for refusing to remove their head scarves in class at Collège Gabriel Havez (a middle school) in Creil.
[2] In October of that year, students at Lycée Saint-Exupéry (a high school) in Mantes-la-Jolie organized a protest in favor of the right to wear the veil in classrooms.
[4][11] Joan Scott argued that right-wing parties (including Jean-Marie Le Pen's National Front) used the controversies to conflate North African immigrants with Islamic fundamentalism.
[4] The most debated point is whether or not students have the right to wear the scarf in classes in public establishments such as primary and secondary schools, as well as universities.
The two principal positions that have emerged are: This debate has thus contributed in blurring the limits between the left and right on the traditional spectrum in France, and has revealed divergences on new political levels, especially between "republicans" (proponents of intervention by the secular Republic) and "liberals" (in an older sense of the French term referring to those who support the liberties of the individual).
The tradition of the headscarf itself has been in existence since before the advent of Islam, and depictions of Mary, mother of Jesus, show her wearing a hair covering.
France-centered arguments were voiced at the time of this controversy in order to justify students' wearing of the scarf in public schools: According to a 2008 study by Stephen Croucher in the Journal of Intercultural Communication Research, "Muslims deem the Islamic veil or hijab to be a fundamental part of their identity."
Thus, many French-Muslims claimed that the law banning the veil in public schools was aimed at "forcefully integrating" the Muslim population by restricting their identity.
"[25] Another francophone Muslim influential for his work on public welfare, Hedi Mhenni [fr], shares the view of these Islamic feminists and similarly expressed support for Tunisia's ban on the veil in public workplaces in those terms: "If today we accept the headscarf, tomorrow we'll accept that women's rights to work and vote and receive an education be banned and they'll be seen as just a tool for reproduction and housework.
According to this line of reasoning, women who wear the veil display their religious and community affiliation, which harms the unity and secularism of the French Republic.
However, in December 2003, President Chirac extended this policy for all public secondary education establishments, risking fanning the tensions between communities within the multicultural French society.
In 2013, 86% of respondents in a poll for i-Télé were in favour of a ban for headscarfs and other religious and political symbols in both public and private institutions for children.
The poll was made after the Court of Cassation ruled that a private crèche did not have the right to fire a woman who wore an Islamic headscarf.
[4] The Commission released its report in December, endorsing a law that would ban "ostentatious" religious symbols, including the Islamic veil, the Jewish kippa, and large Christian crosses.
The law permits discreet signs of faith, such as small crosses, Stars of David, and the palm-shaped amulets representing a hand of Fatima.
However, in some cities, such as Montreuil, Seine-Saint-Denis, where integration of large numbers of Muslims is an acute problem, veiled parents are frequently denied entry.
On 14 May 2007, the High authority for the struggle against discrimination and for equality (HALDE) affirmed that veiled parents should be allowed to attend school activities.
In nursing schools, interviews are an official requirement for entry, during which applicants may be asked if they are willing to remove their veil either altogether or for the purpose of wearing a disposable cap, such as those worn in operating rooms.
Although the cases dated prior to the 2004 law, the Court rationale was consistent with the law: the ECHR held that the national authorities were obliged to take great care to ensure that (...) the manifestation by pupils of their religious beliefs on school premises did not take on the nature of an ostentatious act that would constitute a source of pressure and exclusion.
[45] On 12 August 2016, the mayor of Cannes in southern France banned full-body swimsuits, also called "burkinis", from the beach, arguing that it was considered a symbol of Islamic extremism and might spark tensions.
The UN, Spain, Italy, Germany, and Canada have criticised and ruled out France's ban on the burkini, claiming it is a very clear violation of human rights, and it does not respect Muslim women's dignity or modesty.
In contrast, a majority (50–60%) of those surveyed responded unfavorably to the law of laïcité, and would prefer to see their wife or daughter free to wear the veil.
Another 73 of those 806 suspended or expelled from schools over the veil have chosen to take government-run CNED [fr] correspondence courses in order to finish their studies.
[citation needed] The opening of the 2005 school year passed largely without incident, and opposition to the law seems to have given way to broader public opinion.
