The highest administrative court was seized by the collective of "Hijabeuses" who challenge article 1 of the FFF regulations prohibiting since 2016 any "sign or dress ostensibly manifesting a political, philosophical, religious or trade union affiliation".
The Council of State, which generally follows the opinions of the public rapporteur and whose decision is expected Thursday, could therefore force the body to backtrack while it has a position opposite to that of FIFA, which authorizes the veil in its events, or to other disciplines in France such as basketball, volleyball, handball, athletics or judo.
The president of the FFF Philippe Diallo had not hesitated to recall the position of the Federation by sending a letter on March 16 to the presidents of the leagues and districts, explaining that "a headscarf (...) is an ostensible religious sign that goes against the principle of neutrality in the places of practice."
This argument was swept away Monday by the public rapporteur Clément Malverti, who considered that there is no "proselytism" or "provocation" in the sole wearing of the hijab, and no "requirement of neutrality" for the licensees of the FFF.
Lobbying
According to him, with the current regulations of the Federation, which has the "monopoly" on the organization of matches, players wearing the veil are de facto "excluded" and must "give up any competition and any career".
This is to say if the hearing of the Council of State on Monday had the effect of a cold shower on the side of the Boulevard de Grenelle, Parisian headquarters of the "3F".
A leader of the FFF, interviewed by AFP, fears a drift towards "communitarianism".
The president of the Federation (FFF) Philippe Diallo during the general assembly of the body in Paris, June 10, 2023 © Bertrand GUAY / AFP / Archives
"It is highly feared that the Council of State will roll back the principle of secularism that drives us. So Muslim women will play veiled, stopping the game for breaking the fast of Ramadan will be allowed, Jews will ask not to play during Shabbat, and so on," the official said on condition of anonymity.
According to a source with knowledge of the matter, the Federation could lobby lawmakers to push for a change in the law to ban religious symbols in competition. The right and the far right have already called Tuesday to legislate on the issue and Sports Minister Amélie Oudéa-Castera said she did not exclude an "evolution of the law".
"We see that there is a need for clarification," she told reporters at the National Assembly.
The Senate with a right-wing majority had adopted on January 19, 2022 an LR amendment prohibiting "the wearing of conspicuous religious symbols" during "sporting events and sports competitions organized by sports federations". This amendment was repealed by the National Assembly, where the presidential party then had an absolute majority.
'Fragile disposition'
Pending a possible intervention by Parliament, the FFF, in the current state of the texts, may have no choice but to change its rules, which can only be done during a General Assembly, meeting twice a year. The next one will take place in December 2023.
"The provision of Article 1 of the FFF is fragile and does not follow the law. If we do not agree with this, it means that we do not listen to the law and that can be dangerous. Most other sports allow the veil," said Jean-Louis Bianco, former president of the Observatoire de la Laïcité.
The "Hijabeuses" demonstrate in front of the Senate before a football match in the Luxembourg Garden in Paris, January 26, 2022 © BERTRAND GUAY / AFP/Archives
"Today, there are already religious symbols, such as opening your hands, which is a Muslim sign, touching the ground and kissing it. There is of course a limit, it is the disturbance of public order and for example prayers in the locker rooms, but the wearing of the veil does not fit into that, "continues the former secretary general of the Elysee under François Mitterrand.
For Islamologist Razika Adnani, a member of the advisory board of the France Islamic Foundation, accepting the veil on a ground is on the other hand "renouncing freedom and equality and modernity, there is a renunciation with the return of religion, it is worrying".
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© 2023 AFP