Top French court upholds hijab ban in women's football
(FILES) Women calling themselves the "Hidjabers" play football in the Luxembourg garden facing the French Senate in Paris on January 26, 2022 as a protest after senators voted last week in favour of a ban of the wearing of religious symbols during events and competitions organised by sports federations. (Photo by BERTRAND GUAY / AFP)
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France's top administrative court on Thursday upheld a ban on
women football players wearing Islamic hijab headscarves, after the issue was
seized on by politicians claiming secularism was at risk.
"Sporting federations whose task is to ensure the good
functioning of public services... can impose a neutrality requirement on their
players in competitions and sporting events, to guarantee the smooth running of
matches and any clashes or confrontation," the Constitutional Council said
in a statement.
It found a French Football Federation (FFF) rule against
"any sign or clothing clearly showing political, philosophical, religious
or union affiliation" during play to be "appropriate and
proportionate".
A group of Muslim women footballers called the "Hijabeuses"
had launched the action against the FFF regulation.
Judges found themselves under political pressure ahead of the
ruling as mainstream parties look to fend off the far right riding high in the
polls.
Secularism is a sensitive topic in France, presented by its
defenders as a way of guaranteeing the state's religious neutrality and by
critics as a dog-whistle against ethnic and religious minorities, especially
Muslims.
A Monday boost for the "Hijabeuses", when the
state's legal advisor concluded the rule was unjustified, prompted a wave of
political condemnation.
Interior Minister Gerald Darmanin, a law-and-order hardliner,
said Tuesday, "I hope profoundly for the republic that (judges) uphold
neutrality on sports fields."
The "Hijabeuses" were hoping to give the republic a
"battering", Darmanin added.
"You shouldn't wear religious clothing when you play
sports... when you play football, you don't need to know the religion of the
person in front of you," he said.
Other voices from the conservative Republicans party and
far-right National Rally have also chimed in.
Far-right leader Marine Le Pen wrote on Twitter: "No to
the hijab in sport. And we will pass a law to make sure it is respected."
Republicans chief Eric Ciotti said his party - which holds
just 62 seats in France's 577-seat parliament - would introduce a bill on the
topic if the court allowed the hijab.
Sports Minister Amelie Oudea-Castera has also suggested
Macron's government could legislate, saying "we aren't ruling anything
out" and "we can see that there's a need for clarification".
The Constitutional Council itself shot back Wednesday at what
it said were "attacks aimed at the administrative branch and especially
the legal advisor".
Questioning the workings of the courts was "an attack on
an institution that is essential for democracy," the body added, saying it
could take legal action in cases of "insult, defamation, incitement to
hatred or threats".


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