A veiled mother (Illustration).

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JACK GUEZ / AFP

  • Two weights, two measures ?

    A Facebook post claims that women wearing a veil could not accompany school trips, while a teacher with a tattoo on the face could practice in kindergarten without being worried.

  • Both of these statements are false.

  • Religious symbols are not prohibited for accompanying persons on school trips.

    The tattoos of the teacher, nicknamed Freaky Hoody, led him to stop teaching kindergarten.

Are veiled women forbidden to accompany children on a school trip while, at the same time, a teacher tattooed even on the face and in the whites of the eyes could, for his part, exercise without problem in front of nursery school students?

In any case, this is what a very viral post on Facebook suggests over the past few days.

On the left, the photo of a veiled woman with this caption: “So I cannot accompany my children on a school trip.

Right, a portrait of the model Freaky Hoody and this description: "But he can be their teacher in kindergarten.

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A Facebook post compares the possibility of participating in a school trip when you are tattooed or veiled.

- Screenshot

FAKE OFF

This publication refers to the situation of Sylvain Hélaine, which has been widely discussed in the media over the past week.

Better known under the pseudonym of Freaky Hoody, the one who is considered to be the most tattooed man in France is indeed a school teacher.

And during this back-to-school period, it does not please all parents, especially his inked eyes of black.

While he has been teaching for eleven years without difficulty, this substitute teacher from Essonne will no longer be assigned to kindergarten students "to avoid receiving letters of complaints", as Sylvain Hélaine himself told BFMTV .

Essonne: this tattooed teacher from head to toe regrets not being able to teach in kindergarten anymore https://t.co/WYRuZ1jzjK pic.twitter.com/xCTjvZ5yyQ

- BFMTV (@BFMTV) September 21, 2020

In the workplace, because it is in the context of his professional activity that Sylvain Hélaine's tattoos have been singled out, the labor code sets several rules.

Article L1131-1 relating to the "principle of non-discrimination" specifies in particular that "no employee may be sanctioned, dismissed or be the subject of a discriminatory measure" because, in particular, "of his appearance physical ”.

For teachers, no "physical appearance" rules

Internal regulations of companies can sometimes be more restrictive for employees.

But within National Education, "no legislative or regulatory text specifically governing the dress of teaching staff or their physical appearance" told LCI the Ministry of National Education

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The only obligation is to have an outfit that does not constitute a breach of the principle of secularism and political and religious neutrality, according to the "Vade-mecum on secularism at school" published last October by Education national and which is a reference in the field.

In the case of "Freaky Hoody", "it seems that his tattoos do not constitute a breach of the obligation of political and religious neutrality," added the ministry to LCI.

"A dialogue is established between the rectorate and the teacher and an agreement has been found for him to perform his replacements in front of primary school pupils and not of kindergarten, who could be frightened by it", specified the services of Jean-Michel Blanquer .

The wearing of religious symbols during school trips is authorized

So much for Sylvain Hélaine's situation.

For the question of wearing the veil during school trips, it is also in the "Vade-mecum on secularism at school" that the National Education details the rules in force.

And unlike the post relayed on social networks, mothers wearing a hijab - a veil that covers the head while leaving the face visible - are allowed to participate in visits to museums and other cultural places in the company of their child's class.

File 22 of the document, entitled "Wearing of religious symbols by parents of pupils", explains in fact that if neutrality is required when parents are inside the school, "the situation is distinct from that of accompanying a school trip, outside the establishment ”.

This sheet completes the study carried out in 2013 by the Council of State at the request of the Defender of Rights at the time, Dominique Baudis.

Faced with gray areas, the latter had asked the highest administrative jurisdiction to enlighten him.

Especially since a year earlier, a circular from Luc Chatel, then Minister of National Education, asked that the mothers of students accompanying school outings do not wear ostentatious religious symbols.

In its opinion, the Council of State had indicated that accompanying persons were not subject to religious neutrality.

This question still regularly comes to the fore.

Last fall, the video of an elected representative of the National Gathering at the Burgundy Franche-Comté Regional Council insulting a veiled mother of a family accompanying her son's class in the regional hemicycle had revived the debate and caused an outcry.

School trips: Blanquer prefers that an accompanying mother does not wear the veil because "it is not desirable in our society" pic.twitter.com/6hbOwc5tMB

- BFMTV (@BFMTV) October 13, 2019

The leader of the Republican deputies, Christian Jacob, then asked to include in the law the prohibition of religious symbols during school trips.

Just like the National Gathering which, in the person of Bruno Bilde, had then tabled a bill.

A request reiterated in recent days by MP Eric Ciotti.

I ask the Minister of the Interior to stop his cinema and finally act.



I proposed to ban the veil on school trips, the government refused.



Will this measure be included in the law against separatism?

@GDarmanin? # Les4v

- Eric Ciotti (@ECiotti) September 8, 2020

At the time, Jean-Michel Blanquer spoke on the subject.

On the antenna of BFM, he had considered that the Islamic veil was "not desirable" on these occasions, but that it was however not prohibited.

“On the one hand, you have what the law says - it does not prohibit veiled women from accompanying children - but we certainly do not want to encourage this phenomenon.

Fortunately, everything is not prohibited by law, ”he had justified.

A year later, it seems that the personal opinion of the Minister of Education on the subject has not changed.

He would even have been in favor of this ban being finally included in the future law against separatism, of which Emmanuel Macron is to unveil the main lines this Friday, according to information from France Info.

This would not be the case with the Minister of the Interior, Gérald Darmanin, who would have pleaded the opposite to the President of the Republic.

We will know on Friday which won the case, for a subject that will not fail to generate a lot of ink.

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  • Kindergarten

  • public school

  • Headscarf

  • Fake off

  • Society

  • Jean-Michel Blanquer

  • Tattoo