Evolution of French Headscarf Court Cases (2009)

Undergraduate: Kimberly Frank

Faculty Advisor: Ellen Welch
Department: Romance Languages

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The head scarf debate is centered on the interpretation of French laws concerning secularity in the public sphere, especially in the public school system, and the uncertainty of whether the act of wearing a veil constitutes as an ostentatious show of religion. In certain recent European court cases such as Leyla Sahin v. Turkey, the court ruled that wearing a veil restricts the democratic values ensured by a policy of secularity. The wearing of headscarves used to be allowed in order to ensure the democratic value of plurality, but other values are taking precedence in current policy probably due to the increased immigration from the Maghreb region. It is possible that French policy-makers now tend to enforce laws that protect French tradition while excluding minority cultures through the judicial system. This type of suggested cultural superiority could lead to a lack of diversity and disapproval in the international realm of human rights issues. Needless to say, there are many possible negative outcomes that come out of this type of policy, It is a thin line to cross between upholding the secularity that France prides itself on while ensuring religious freedom and encouraging diversity within French culture. This thesis attempts to outline and explain the gradual evolution of headscarf laws while paying close attention to the precarious balance and the importance of ensuring an easy integration for the Muslim-Maghreb population into French society.