The French law on secularity and conspicuous religious symbols in schools bans wearing conspicuous religious symbols in French public (e.g., government-operated) primary and secondary schools. The law is an amendment to the French Code of Education that expands principles founded in existing French law, especially the constitutional requirement of laïcité: the separation of state and religious activities.
The bill passed France's national legislature and was signed into law by President Jacques Chirac on 15 March 2004 (thus the technical name is law 2004-228 of 15 March 2004) and came into effect on 2 September 2004. The full title of the law is "" (literally "Law #2004-228 of 15 March 2004, concerning, as an application of the principle of the separation of church and state, the wearing of symbols or garb which show religious affiliation in public primary and secondary schools").
The law does not mention any particular religious symbol, and thus bans Christian (veil, signs), Muslim (veil, signs), Sikh (turban, signs), Jewish and other religious signs. It is, however, considered by many to target the wearing of headscarves (a khimar, considered by many Muslims to be an obligatory article of faith as part of hijab) by Muslim schoolgirls. For this reason, it is occasionally referred to as the French headscarf ban in the foreign press. In addition, the law is seen by some as disproportionately affecting Muslims, arguing that Christians rarely wear oversized crosses, and Sikhs have successfully lobbied to be able to wear a simple under-turban, whereas Jews have greater opportunities to enroll children in private Jewish religious schools owing to their long presence in the country.
Background
Islamic view of headscarves
In Islam, Hijab is a duty prescribed on all Muslim women, though in the matter discussed in this article it only applies to women. Hijab is often equated with the idea of modesty in all senses including personal, physical and social. While it prescribes restrictions and practices for both men (such as, for example, restraining one's thoughts from objectification of women and covering the aspects of oneself that attract others to them, incorporating the chest and between the navel and knee for many Muslims) and women, it is most known for its religious prescription for a woman to dress modestly and cover her hair.
While for most Muslims the concept of hijab is seen as balanced and consistent with ideas of gender equality, others see the religious prescription on female covering as chauvinistic, patriarchal, oppressive and an enforcement on women and against their rights. Most Muslims living in Western societies concede outright that the forcing of women to wear the headscarf is against Islamic precepts and cannot be accepted, but social pressure can in some cases be strong.
A number of Islamic feminists see the wearing of the headscarf, and particularly of the full-face veil such as the niqāb, as oppressive of women. French activist and politician Fadela Amara has thus stated: "The veil is the visible symbol of the subjugation of women, and therefore has no place in the mixed, secular spaces of France's public school system."
French education system
Education is compulsory in France up to the age of 16. The French system of primary and secondary education consists of: government-operated schools (enseignement public); private schools receiving government subsidies (enseignement privé sous contrat), the vast majority of private schools; and private schools not receiving government subsidies (enseignement privé hors contrat). Schools in the first two categories are required to apply the same national curricula as defined by the Ministry of Education. The curriculum for schools in the third category is free, provided that students receive at least some minimal skills in writing, mathematics, etc. The law discussed in this article only applies to government-operated schools, in the first category.