the Council of State maintains the ban on the hijab in competition

The decision has fallen. The Council of State has decided to maintain the ban on the hijab during women’s football competitions, in a decision published on Thursday 29 June. The highest administrative court had been seized by the collective “Les Hijabeuses”, which challenges article 1 of the regulations of the French Football Federation (FFF), which prohibits since 2016 “any wearing of a symbol or outfit ostensibly manifesting a political, philosophical, religious or trade union affiliation”.

The Council of State finally did not follow the opinion of its public rapporteur, who, during the hearing on Monday, had proposed the cancellation of this article. In its decision, the Council of State considers that the players are indeed users of a public service and are therefore not subject to the duty of “neutrality”, but that the FFF can enact the rules it deems necessary for the “the good proceedings” matches. The ban enacted by the federation is therefore “suitable and proportionate”.

For their part, “Les Hijabeuses” relied on the rules of the International Football Federation (Fifa), which since 2014 have allowed players to play in international competition with their veil. The public rapporteur had recommended giving them reason by considering that there was neither “proselytizing”neither “provocation” in the only wearing of the hijab and no “requirement of neutrality”.