The question of the hijab on football fields is invited to the Council of State. The latter examined on Monday an appeal by the “Hijabeuses” against the French Football Federation (FFF) which prohibits them from playing veiled during competitions.
The collective is challenging in court Article 1 of the FFF regulations which prohibits since 2016 “any wearing of a sign or outfit ostensibly manifesting a political, philosophical, religious or trade union affiliation”.
A decision expected within three weeks
During the hearing, the public rapporteur, Clément Malverti, who speaks the law and whose opinion is generally followed, recommended the cancellation of this article 1. The decision will be rendered within three weeks.
If Clément Malverti considered that the question could arise for the players selected for the France team, where they represent “the Nation” and carry out “a public service mission”, it is “far more debatable” for the other players dismissed from the FFF. He began by recalling the “fundamental distinction” between public service agents, to whom the principle of “neutrality” applies, and users, who are “free” to manifest their convictions as long as they do not disturb public order.
Players wearing the veil de facto “excluded”
There is neither “proselytism” nor “provocation” in the mere wearing of the hijab, and no “requirement of neutrality” for players dismissed from the FFF, declared Clément Malverti. With the current regulations of the FFF, which has the “monopoly” on the organization of matches, players wearing the veil are de facto “excluded” and must “give up all competition and all careers”.
The lawyer for the FFF, for his part, maintained that it was necessary on the contrary “to devote the requirement of neutrality for all the players”. “What is sought is the importation into football of community demands”, continued Mr. Loïc Poupot, considering that the competitions had always been disputed in “neutral terms”, with sportsmen whom only the color of the jersey distinguished, and that the 2016 regulations had only set this reality in stone.
The “Hijabeuses” wait before “declaring victory”
There is no “requirement of neutrality” for football players, and football is “riddled” with signs of religious affiliation, hammered the public rapporteur, citing the “Maltese cross” on the jerseys of football players. ‘Auxerre or the players who make the sign of the cross when entering the field. He also noted that FIFA and “all international sports federations” allow the wearing of the hijab in competition.
Refusing to “declare victory” too quickly, the collective’s lawyer, Me Marion Ogier, was delighted on the sidelines of the hearing with the conclusions of the public rapporteur. She hoped that the Council of State, in taking its decision, would make “law, nothing but law” without letting itself be influenced by “politics”. A dozen Hijabeuses had come to attend the hearing.