France: Hijab ban during sports, ‘discriminatory and must be reversed’ say experts

The UN Human Rights Council-appointed experts criticised the decision by the French football and basketball federations to exclude players wearing the hijab from competitions, including at amateur level, and the French Government’s decision to prevent French athletes wearing the hijab from representing the country at last summer’s Paris Olympic Games.

Infringement

These measures, the experts argue, infringe on individuals’ rights to express their religion, identity, and beliefs, as well as their right to participate in cultural life.

France’s policies on the hijab run counter to its own declared commitments to inclusion and fail to meet the criteria for legitimate limitations on human rights under international law, the experts contended.

“The neutrality and secular nature of the State are not legitimate grounds for imposing restrictions on the rights to freedom of expression and freedom of religion or belief. Any limitations of these freedoms must be proportionate, necessary to reach one of the objectives stated in international law” the experts said, adding that they should never be based on “presumptions, assumptions or prejudices.”

Risks of stigmatisation

The experts also raised concerns over a recent decision by the Conseil d’État, France’s highest administrative court, to uphold the football federation’s hijab ban, as well as a proposed Senate bill aimed at further restricting hijab use in public.

The independent experts – who receive no salary, are not UN staff and do not represent any government – warned that the bill presents the hijab as a potential threat to public order and such actions are likely to reinforce harmful stereotypes and stigmatise Muslim women and girls.

“In a context of intolerance and strong stigmatisation of women and girls who choose to wear the hijab, France must take all measures at its disposal to protect them, to safeguard their rights, and to promote equality and mutual respect for cultural diversity,” they concluded.

The human rights experts have formally communicated with the Government of France about this situation, which was also raised in the report presented at the UN General Assembly by the UN Special Rapporteur in the field of cultural rights.