2023-06-29 14:14:55
The Council of State did not follow the opinion of its public rapporteur. The highest administrative court decided, this Thursday, June 29, to maintain the ban on wearing the hijab during football competitions. The institution pronounced three days after the examination of an appeal by the collective of Muslim women “Les Hijabeuses” against the French Football Federation (FFF), which prohibits them from playing veiled. This group challenged before the administrative justice article 1 of the regulations of the FFF, which prohibits since 2016 “any wearing of a sign or outfit ostensibly manifesting a political, philosophical, religious or trade union affiliation”.
An “adapted and proportionate” ban
In its decision on Thursday, the Council of State considers that the players are indeed users of a public service and therefore not subject to the duty of “neutrality”, but that the French Football Federation can enact the rules it considers necessary for the “good running” of the matches.
“Sports federations, responsible for ensuring the proper functioning of the public service whose management is entrusted to them, may impose on their players an obligation of neutrality of clothing during competitions and sporting events in order to guarantee the smooth running of matches and prevent any confrontation or confrontation”, explains the Council of State in its press release.
“If the licensees are not subject, unlike the agents of the federations and the players of the French teams, to the obligation of neutrality, the rules of participation enacted by these federations can limit their freedom of expression of their opinions and convictions for guarantee the proper functioning of the public service and the protection of the rights and freedoms of others”, also said the Council of State, judging the ban enacted by the FFF “adapted and proportionate”.
⚖️ Football: the Council of State judges that the ban on “any sign or outfit ostensibly showing a political, philosophical, religious or trade union affiliation” enacted by the FFF is adapted and proportionate
➡️ Read the decision: pic.twitter.com/7R28XxBrFZ
— Council of State (@Council_State) June 29, 2023
“The French Football Federation takes note of the decision rendered today (Thursday)” by the Council of State, indicates the FFF in a press release in which it “reaffirms the republican and civic values which drive football and its total commitment to fight against all forms of discrimination and promote gender equality”.
The lawyer of the collective of “Hijabeuses”, Me Marion Ogier, said she was dismayed by this decision which “shakes secularism and freedom of expression”, and “undermines thirty years of jurisprudence” on this question. “This decision goes against social cohesion, in a country based on diversity and pluralism,” she also told AFP. “To consider that an expression of a political, trade union or religious opinion is likely to create a risk of confrontation, is very serious”.
Opposite opinion of the public rapporteur
During Monday’s hearing, the public rapporteur, who says the law and whose opinion is generally followed, had 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 issuing a caveat for the players of the French team, who represent “the Nation” and carry out “a public service mission”. The public rapporteur had insisted on the “fundamental distinction” between public service agents, to whom the principle of “neutrality” applies, and users, “free” to express their convictions as long as they do not disturb public order. .
The opinion of the public rapporteur had triggered an outcry in the political class, part of the left, the right and the far right calling for legislation on the wearing of religious symbols in sport.
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