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Proposition de loi sur le port du voile pour les accompagnantes de sorties scolaires

In October, the debate on the issue of wearing the Islamic veil resurfaced in France.
In 1989, this question of the veil first arose about secondary school students. This sparked intense discussion, which led to the 2004 law on the prohibition of conspicuous religious symbols in schools. Since then, the question of clothing related to religious beliefs, most often concerning Muslims, has been raised regularly : about the full veil in 2010, or the ’[burqini]’ in 2016->article3156]. Several national reports have been published on this issue.
Recently, the controversy was rekindled when an elected official of the extreme right-wing party Rassemblement national questioned a woman who was attending a meeting of the Burgundy-Franche-Comté Regional Council, asking her to remove her veil. This woman was accompanying a school trip.
French law, on this point, is not always easy to understand : the wearing of religious symbols is prohibited to school pupils by the 2004 law. But this does not apply to older university students. On the other hand, the wearing of religious symbols is prohibited for public service employees, who are subject to the obligation of religious neutrality of the public service, but this prohibition does not apply to users of the public service.
The status of parents accompanying school trips is not clear ; they at first could have been considered by the courts as being subject to the obligation of neutrality of public services, but then were seen as users not subject to this obligation (see the current debates of June 2015).
The proposed law claims to be aiming at mitigating this uncertainty, by amending the Education Code to extend "the prohibition of conspicuous religious symbols laid down by the 2004 law to persons who participate, including on school trips, in or outside schools".
The text was discussed for nearly five hours and then voted on by 163 votes to 114 (with 40 abstentions). The proposed law must now be discussed in the National Assembly.

D 21 novembre 2019    AAnne-Laure Zwilling

CNRS Unistra Dres Gsrl

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