On September 2nd, 2004, French Parliament passed a bill banning the wearing of any and all religious symbols in governmental institutions. Named the “Application of the Principle of Secularity”, the bill applied to Catholic crosses, Jewish kippot, and Muslim hijabs, prohibiting their display in major public spaces and institutions. Despite initial outrage, France extended this ban on April 11th, 2011, when the country adopted a law illegalizing the use of niqāb, a face-covering veil. In more recent months, a top French court has upheld a new decree banning wearing abayas, a loose-fitting robe-like garment, in public schools. This followed the statement that the garment serves as “religious affirmation of an ostentatious symbol” (Cambridge Core), and is thus not appropriate within France’s secular school system. The ban, put into effect on September 7th of this year, sent any student wearing an abaya or other religious symbol back home.
As justified by the French minister of national education and youth Gabriel Attal during an interview with the TF1 television network, “the abaya has no place in schools…when you enter a classroom, you should not be able to distinguish or identify the students’ religion by looking at them” (Breeden). The decision, surrounding the largely protected principle of ‘laïcite’, preceded the insurgent rise in abaya-wearing directly following the ban’s implementation. ‘Laïcité’ is France’s approach to secularism which guarantees freedom of expression and conscience. The principle also largely revolves around the neutrality of the state and “its obligation not to intervene in the convictions of each person and the equality of all before the law, whatever their religion” (Vie Publique). Its intention is to build a society wherein religious practices and beliefs are a private matter. This concept is deeply rooted in French history and culture, dating back to the rejection of religious influence and indoctrination in the late 18th century. Although the French Revolution intended to overthrow the aristocracy, the period also acted as a turning point in rejecting and fighting against the power of the Roman Catholic Church. This later led to the passing of the secular law in 1905, indicating the “separation of the church and the state” and introducing the concept of ‘laïcité’ as a fundamental principle (“100th Anniversary of Secularism in France”).
This specific conflict primarily arose in public schools due to the French parliament’s belief that abayas “attack the principle of ‘laïcité’” (Breeden). Given that the government’s secularity is a fundamental aspect of the aforementioned concept, its direct institutions must also follow the same principle; thus, any breaches in the neutrality of public schools (those funded and regulated by the state) represents a violation of the law. The ban also stemmed from the historical belief that schools are a sacred space where students are protected from religious influences and can form their own opinions in a neutral environment, an idea similarly applied to certain public spaces. Hence, public schools remain the focal point of debate surrounding this issue, with the prohibition of displaying religious symbols happening both inside and outside the classroom.
Despite the state’s firm hand in banning abayas, the garment actually remains somewhat religiously ambiguous, as it does not cover the hands, feet, or head. Although popular in the Gulf and many Arab countries such as Saudi Arabia, Yemen, and Qatar, it is only worn by those, mainly Muslim women, who want to follow the Quran’s teachings of modesty. Many Muslim representatives, such as the French Council of Muslim Faith, have also stated that the abaya is more cultural than religious, as the covering remains a symbol of fashion, tradition, and identity.
Within the first days of the ban’s implementation there has been tremendous outrage. Many have critiqued the ban as discriminatory and an unnecessary policing of teenagers’ clothes. Others, including the French Council of the Muslim Faith, are concerned about the consequences of this bill on girls’ well-being and the risk of being discriminated against, stating that “it would be impossible to apply a measure specifically targeting the abaya without falling into the trap of discrimination and arbitrariness” (Breeden). Similar groups additionally criticize that “the government shouldn’t decide what is religious or not”, stating that it only fuels the harmful debate over the way Muslim women dress. Anne-Laure Zwilling, an anthropologist studying religion in CNRS, France’s national public research organization, supports this notion, criticizing that the ban places a “disproportionate [amount of] attention to a complex issue that affects few students” (Breeden). Additionally, hundreds of students have defied the ban, attending school not only with brighter abayas, but with starker and more evident religious symbols. Despite this overwhelming backlash, the French council of state, which regulates concerns regarding civil liberties, ruled the ban as “not an illegal or serious infringement of a fundamental freedom”.
‘Laïcité’ has and continues to be deeply rooted in French society, remaining a constant subject of debate and the moving factor challenging government policies related to religious practices. Nevertheless, this controversy may mark the beginning of a new social movement in France, one that advocates for the upholding of secular values while creating a more diverse system for an increasingly different and diverse society.
Bibliography:
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Breeden, Aurelien. “France to Ban Full-Length Muslim Robes in Public Schools.” The New York Times, 29 Aug. 2023, www.nytimes.com/2023/08/28/world/europe/france-ban-abaya-robes-schools.html?action=click&module=RelatedLinks&pgtype=Article. Accessed 10 Sept. 2023.
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“Quelle Est La Définition De La Laïcité ?” Vie Publique, 13 Mar. 2023, www.vie-publique.fr/fiches/276820-quelle-est-la-definition-de-la-laicite#:~:text=Inscrite%20dans%20la%20Constitution%2C%20la,quelle%20que%20soit%20sa%20religion. Accessed 10 Sept. 2023.
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“100th Anniversary of Secularism in France.” Pew Research Center’s Religion & Public Life Project, 9 Dec. 2005, www.pewresearch.org/religion/2005/12/09/100th-anniversary-of-secularism-in-france/#:~:text=December%209%2C%202005%2C%20marks%20the,secularism%20as%20a%20national%20principle. Accessed 10 Sept. 2023.