the public rapporteur of the Council of State is in favor of the authorization of the veil in football competitions

The “hidjabeuses” demonstrate in front of the town hall of Lille, February 16, 2023. PASCAL BONNIERE / VOIX DU NORD / MAXPPP

The Islamic veil in competitions organized by the French Football Federation (FFF) is yes. For the selected from the national teams, it’s no. This is, in summary, the opinion issued Monday, June 26 by the public rapporteur of the Council of State, Clément Malverti, responsible for delivering his conclusions on the dispute between the collective of “hidjabeuses”, represented by the association Citizen Alliance , at the FFF. The collective of young women practicing football while wearing the Islamic veil indeed wishes the repeal of article 1 of the regulations of the FFF in the name of which the federation prohibits them during the matches which it organizes.

This report, which in no way prejudges the decision of the Council of State, is however an important point marked by the “hidjabeuses” and the Citizens’ Alliance, which also campaigned – without success – for the authorization of the burkini in the Grenoble swimming pools. “We welcome these conclusions which go in our direction”rejoiced Marion Ogier, the collective’s lawyer, without however declaring victory and saying that she hoped that the Council of State would not give in to political pressure.

Read the portrait: Article reserved for our subscribers For Founé Diawara, the president of the Hijabeuses, football all veiled

In his conclusions, the public rapporteur establishes a firm distinction between agents and users of the public service. If neutrality applies to agents, to whom we can equate FFF employees, but also referees and, by extension, those selected for national teams, who fulfill a form of public service mission and embody the nation, it cannot be imposed on users who must benefit from individual freedoms, starting with the freedom of belief and opinion. For Mr. Malverti, this is the case of the simple licensees of the federation.

An attack “against living together”

In his demonstration, he dismissed the analogy with the 2004 law prohibiting ostentatious religious signs in school spaces, explaining that the world of sport was a different issue. The public rapporteur also pointed out that religious symbols were already present in the world of football: tattoos, players who cross themselves, the Maltese cross on the jersey of AJ Auxerre, etc. He invited the Council of State to take into account this evolution of society.

Finally, he refuted the superiority of the regulations of the International Football Federation and the International Olympic Committee – which, although prohibiting proselytism, tolerate the veil – over national law. Sport, according to him, cannot escape the laws of society. Otherwise, an ad hoc ban would open the way to veil bans in other public services. Finally, he mentioned Spain, Germany, Italy and England which authorize the veil in competition.

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2023-06-26 17:25:55
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