The United Nations Human Rights Council-appointed experts recently criticized the decision made by the French football and basketball federations to exclude players wearing the hijab from competitions, including at the amateur level. Additionally, the experts expressed concern about the French Government’s decision to prevent French athletes wearing the hijab from representing the country at the Paris Olympic Games last summer. These actions were deemed as infringing on individuals’ rights to express their religion, identity, and beliefs, as well as their right to participate in cultural life.
The experts argued that France’s policies on the hijab contradict the country’s own commitments to inclusion and fail to meet the criteria for legitimate limitations on human rights under international law. They emphasized that 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 on these freedoms must be proportionate and necessary to achieve one of the objectives stated in international law, and should never be based on presumptions, assumptions, or prejudices.
In addition to criticizing the ban on hijabs in sports competitions, the experts also raised concerns about a recent decision by the Conseil d’État, France’s highest administrative court, to uphold the football federation’s hijab ban. They also expressed worry about a proposed Senate bill aimed at further restricting hijab use in public spaces. The experts, who are independent and do not represent any government, warned that presenting the hijab as a potential threat to public order could reinforce harmful stereotypes and stigmatize Muslim women and girls.
Amidst a context of intolerance and strong stigmatization of women and girls who choose to wear the hijab, the experts urged France to take all necessary measures to protect these individuals, safeguard their rights, and promote equality and mutual respect for cultural diversity. They emphasized the importance of upholding human rights principles and avoiding actions that could further marginalize or discriminate against certain groups.
The human rights experts have formally communicated their concerns to the Government of France regarding these issues. The situation was also highlighted in a report presented at the UN General Assembly by the UN Special Rapporteur in the field of cultural rights, underscoring the international attention and scrutiny on France’s policies regarding the hijab.
It is crucial for governments to respect and protect the rights of all individuals, regardless of their religious beliefs or practices. Upholding freedom of expression and freedom of religion is essential in ensuring a diverse and inclusive society where everyone can fully participate and contribute without fear of discrimination or exclusion. France, like all countries, has a responsibility to uphold these fundamental rights and work towards creating a more tolerant and accepting society for all its citizens.
