Laïcité in Education (Islamic Headscarf)

Opinion No. 346.893 of November 27, 1989 (1989)

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Laïcité in Education (Islamic Headscarf)

France Council of State
Opinion No. 346.893 of November 27, 1989 (1989)

Facts

The Constitution of France establishes France as a secular republic, and French jurisprudence enshrines this secularism through the concept of laïcité. Laïcité is a principle that embraces freedom of religion while also encouraging general skepticism towards religious symbols and practices in public. In 1905, the French government passed the Law of December 9, 1905 on the Separation of Church and State, which guaranteed freedom of religion subject to restrictions necessary for public order. The Law of December 9, 1905 on the Separation of Church and State also forbade the recognition of, payment to, or subsidizing of any religion. In 1989, the Council of State was asked to rule on whether the wearing in school of religious symbols on an Islamic headscarf was compatible with the principle of laïcité.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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