GENEVA - France must reverse discriminatory measures banning women and girls who choose to wear the hijab from doing so while playing sports and ensure compliance with its international human rights obligations, UN experts* said today.
According to the experts, the decisions 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 the Paris Olympic Games, are disproportionate and discriminatory, and infringe on their rights to freely manifest their identity, their religion or belief in private and in public, and to take part in cultural life.
"Muslim women and girls who wear the hijab must have equal rights to participate in cultural and sporting life, and to take part in all aspects of French society of which they are a part," the experts said.
Contrary to its statement on 22 December 2023, in response to the Special Rapporteurs' communication, and to the stated objectives of inclusion, the experts noted that the French authorities have not taken any steps to ensure that bans adopted by sports federations are proportionate and based on the grounds recognized in international law to justify a limitation of human rights.
"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 (safety, health and public order, the rights and freedoms of others), and justified by facts that can be demonstrated, and not by presumptions, assumptions or prejudices."
"The Conseil d'État's decision in the case of the French football federation, and the bill tabled before the Senate in March 2024, not only confirm the discriminatory measure in the practice of sport, but also seem to imply that wearing the hijab in the public space - a legitimate expression of identity and belief - is tantamount to a breach of public order," the experts said.
"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 said.
The experts have communicated with the Government of France about this situation, which was also raised in the report presented at the UN General Assembly by the Special Rapporteur in the field of cultural rights.
