The Islamic veil in competitions organized by the French Football Federation (FFF) is yes. For the selected among the national teams, he is the n. This, in summary, is the opinion expressed on Monday 26 June by the public speaker of the Council of State, Clément Malverti, in charge of exposing his conclusions on the dispute between the collective of “hidjabeuses”, represented by the Citizen Alliance association, to the FFF. In fact, the group of young players who practice football wearing the Islamic veil hopes for the repeal of article 1 of the FFF regulation in the name of which the federation forbids them during the matches it organizes.
This report, which in no way prejudices the decision of the Council of State, is nonetheless an important point marked by the “hidjabeuses” and the Citizens’ Alliance, which also fought – without success – for the authorization of the burkini in swimming of Grenoble swimming pools. “We welcome these conclusions that go in our direction”exulted Marion Ogier, the collective’s lawyer, without however declaring victory and stating that she hoped that the Council of State would not give in to political pressure.
In his conclusions, the rapporteur draws a clear distinction between agents and users of the public service. If neutrality applies to agents, to whom we can equate FFF employees, but also referees and, by extension, those selected for national teams, who fulfill a form of public service mission and embody the nation, it cannot be imposed on users who must benefit from individual freedoms, starting with freedom of belief and opinion. For Mr. Malverti, this is the case of simple federation licensees.
An attack “on coexistence”
In his demonstration he dismissed the analogy with the 2004 law that prohibits religious signs displayed in school spaces, explaining that the world of sport is a different matter. The public speaker also pointed out that religious symbols were already present in the world of football: tattoos, players making the sign of the cross, the Maltese cross on the AJ Auxerre shirt, etc. He invited the Council of State to take account of this evolution of society.
Finally, he refuted the superiority of the regulations of the International Football Federation and the International Olympic Committee – which, while prohibiting proselytism, tolerate the veil – compared to national law. Sport, according to him, cannot escape the laws of society. Otherwise, an ad hoc ban would pave the way for veiling the bans in other public services. Finally he cited Spain, Germany, Italy and England which authorize the veil in competition.
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