Originally published 2021-04-13.
No, France did not ban the hijab for under-18s. In spring 2021 the French Senate, the upper house of parliament, voted for amendments to the government's so-called anti-separatism bill that would have barred girls under 18 from wearing the Islamic headscarf in public, stopped mothers who wear it from accompanying school trips, and banned the full-body "burkini" in public pools. The National Assembly, which has the final word, rejected those ideas. The law France eventually adopted in August 2021 contained no general hijab ban for minors.
The vote nonetheless caused a global outcry and a social-media campaign. This article explains what the Senate proposed, what French law actually says about religious clothing, and why the issue is so sensitive in France.
What the Senate voted for
The amendments were added by senators during debate on a flagship bill of President Emmanuel Macron's government, intended to strengthen "republican values" and counter radical Islamism. The Senate was then controlled by the centre-right opposition, which wanted a tougher text. Among its additions were:
- a ban on minors wearing conspicuous religious symbols in public, which in practice targeted the headscarf for girls under 18;
- a ban on parents wearing visible religious symbols while accompanying school outings;
- a ban on burkinis in public swimming pools.
Bruno Retailleau, who led the Les Républicains group in the Senate, accused the government of backing down whenever senators tried to harden the text, saying: "Stop telling us that the veil is only a piece of cloth."
Why it never became law
In France, a bill must be agreed by both chambers, but if they disagree the National Assembly, the lower house, decides. The Assembly had already passed the bill in February 2021 without any new limits on the hijab, and similar amendments had been voted down there. Political commentators said at the time that the Senate measures were highly unlikely to survive. Interior Minister Gérald Darmanin also opposed a ban on the headscarf in all public spaces.
Even if they had passed, legal experts expected the courts to strike them down. In 2016 several seaside mayors banned burkinis on beaches, and France's highest administrative court, the Conseil d'État, overturned those bans.
The final text became Law No. 2021-1109 of 24 August 2021 "reinforcing respect for the principles of the Republic". It requires associations receiving public money to sign a "republican commitment contract", tightens rules on home schooling and on foreign funding of places of worship, and creates new offences against online hate, including putting someone in danger by spreading their personal details. It did not ban the hijab for minors.
What French law actually says about religious clothing
Many people outside France are unsure which rules really apply. In short:
- In public spaces such as streets, shops and cafés, wearing a hijab is legal for anyone, of any age.
- In state schools, a 2004 law bans pupils from wearing conspicuous religious symbols, including the headscarf, large crosses and the kippah. Discreet symbols are allowed.
- Public-sector employees such as teachers, police officers and civil servants must not wear religious symbols at work, in the name of state neutrality.
- Face coverings such as the niqab and burqa have been banned in all public spaces since a 2010 law took effect in April 2011, with a fine of up to €150.
- Public pools have strict dress codes of their own, and burkinis are generally not allowed in them, although they are legal on beaches.
Hijab, niqab and burqa: the differences
The words are often confused. The hijab is a headscarf that covers the hair and neck but leaves the face visible. The niqab covers the face apart from the eyes. The burqa covers the whole face and body, usually with a mesh panel over the eyes. French law treats them very differently: the hijab is legal in public, while the niqab and burqa fall under the face-covering ban.
Laïcité and the wider debate
France's approach rests on laïcité, its model of secularism, formalised in the 1905 law separating churches and the state. In principle it requires the state to be neutral and guarantees freedom of belief for individuals. Supporters of stricter rules argue that the headscarf can be a sign of pressure on women and of political Islam seeking a separate society. Opponents argue that laïcité was meant to keep the state neutral, not to police what private citizens wear, and that the proposals singled out Muslim women.
Amnesty International warned that French authorities often relied on "the vague and ill-defined concept of 'radicalisation' or 'radical Islam' to justify the imposition of measures without valid grounds", risking discrimination against Muslims. The vote also sparked the hashtag #HandsOffMyHijab, started by Norwegian-Somali model Rawdah Mohamed and shared by figures including the US fencer Ibtihaj Muhammad and Congresswoman Ilhan Omar.
How other European countries compare
No European country bans the ordinary headscarf in public for adults or children. Several have banned full-face coverings: France (2010), Belgium, Bulgaria (2016), Austria (2017), Denmark (2018) and Switzerland, after a referendum in March 2021. The Netherlands has only a partial ban, in force since 2019, covering schools, public transport, hospitals and government buildings, rather than a full public-space ban. Debates continue, and the French Senate has since pushed other measures, such as a bill to ban the hijab in competitive sport.
Sources: The Local, 26 April 2021: Is France really planning to ban the Muslim headscarf?; Actu-Juridique: Publication of the law reinforcing respect for the principles of the Republic; Wikipedia: Islamic scarf controversy in France; Wikipedia: Burqa ban. Bruno Retailleau and Amnesty International quotes as reported by UNILAD.
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