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<p>On 29 June 2023, the French Conseil d’Etat upheld a ban on the wearing of any sign or clothing that conspicuously displays religious affiliation in women’s soccer. This came after a senate vote in January 2023 for an amendment that would ban the hijab and other “ostensible religious symbols” during all sporting competitions. Senator Eustache-Brinio suggested that the ban was consistent with the provisions of the Olympic Charter. While the International Olympic Committee stated that participants in the Paris 2024 Olympic Games would be free to wear a headscarf, host country France persisted in barring it for its own athletes. In this contribution, we will unpack the two main arguments that have been used by French public officials to justify this ban. First, the idea that this ban is a necessary manifestation of French secularism. Second, the idea that the prohibition of the hijab is in accordance with the Olympic Charter. First, we look at whether the ban is in line with “a regime of strict secularism, strictly applied in the field of sport” (as stated by the French Minister for Sport), taking into account French case law of the Council of State (and its <i>rapporteurs public</i>) as well as the case law of the European Court of Human Rights. The scholarship arguing that the contemporary form of French secularism has illiberal dimensions will also be briefly discussed. Secondly, the paper will investigate the apparent clash between the French ban and the Olympic values set out in the Olympic Charter. While the Olympic Charter indeed prohibits “demonstration[s] or political, religious or racial propaganda in any Olympic sites” (article 50.2) (as mentioned by the senator), it also prohibits discrimination based on—amongst other criteria—sex and religion (Principle 6 of the Fundamental Principles of Olympism). We submit that arguments based on discrimination on grounds of sex/gender may be significantly in favour of hijabi women. A focus on religious dress and on religious signs that are ‘worn’ intrinsically affects (Muslim) girls and women disproportionately. We also provide data to support that Muslim men, like Christian men, are left free to express their religion during the game.</p>

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Between laïcité and olympism: the struggle over the hijab in French women’s sport

  • 期刊论文

  • 发表日期：

    2025年10月28日

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  • Cathérine Van de Graaf,
  • Eva Brems

摘要

On 29 June 2023, the French Conseil d’Etat upheld a ban on the wearing of any sign or clothing that conspicuously displays religious affiliation in women’s soccer. This came after a senate vote in January 2023 for an amendment that would ban the hijab and other “ostensible religious symbols” during all sporting competitions. Senator Eustache-Brinio suggested that the ban was consistent with the provisions of the Olympic Charter. While the International Olympic Committee stated that participants in the Paris 2024 Olympic Games would be free to wear a headscarf, host country France persisted in barring it for its own athletes. In this contribution, we will unpack the two main arguments that have been used by French public officials to justify this ban. First, the idea that this ban is a necessary manifestation of French secularism. Second, the idea that the prohibition of the hijab is in accordance with the Olympic Charter. First, we look at whether the ban is in line with “a regime of strict secularism, strictly applied in the field of sport” (as stated by the French Minister for Sport), taking into account French case law of the Council of State (and its rapporteurs public) as well as the case law of the European Court of Human Rights. The scholarship arguing that the contemporary form of French secularism has illiberal dimensions will also be briefly discussed. Secondly, the paper will investigate the apparent clash between the French ban and the Olympic values set out in the Olympic Charter. While the Olympic Charter indeed prohibits “demonstration[s] or political, religious or racial propaganda in any Olympic sites” (article 50.2) (as mentioned by the senator), it also prohibits discrimination based on—amongst other criteria—sex and religion (Principle 6 of the Fundamental Principles of Olympism). We submit that arguments based on discrimination on grounds of sex/gender may be significantly in favour of hijabi women. A focus on religious dress and on religious signs that are ‘worn’ intrinsically affects (Muslim) girls and women disproportionately. We also provide data to support that Muslim men, like Christian men, are left free to express their religion during the game.