#HandsOffMyHijab: France’s New Law is at Risk of Discrimination

In December 2020, the French government proposed the “Principles of the Republic” bill to combat radicalism. Since then, it has been deemed the ‘Separatism Bill’ by various media outlets and has stirred controversy within France. On Feb. 16, 2021, the National Assembly passed the bill, returning to the Senate for a March 30 vote.

Although taking a hard approach to radicalization, Prime Minister Jean Castex clarifies that the legislation is not aimed at one religion. “The bill is not a text aimed against religions or against the Muslim religion in particular. It is the reverse — it is a law of freedom, it is a law of protection, it is a law of emancipation against religious fundamentalism.” However, some critics say it is designed to unfairly target Muslims. Over 5 million Muslims reside in France, making it Europe’s largest Muslim population.

The legislation means any organization that wants to gain public funding will have to agree to a “Republican contract of engagement.” This will make sure French values are upheld in exchange for adequate funding. Further, any organization receiving more than $12,000 in foreign funds will need to declare this to authorities and produce an annual income report. 

In France, around 50,000 children are home-schooled. Currently, a parent needs to tell the government that they are homeschooling their child, making authorities aware is enough. Under the new bill, by 2024/25, homeschooling will need to be authorized by the state. This is in a bid to stop home curriculums from stepping away from the republic’s values. 

Those who use social media to perform hate speech with the intent to harm public sector employees are eligible to receive a fine of $55,000 and up to three years in prison. 

Polygamy will effectively become outlawed by new rules and doctors can receive imprisonment and be fined $18,000 for producing virginity certificates. 

Finally, the bill intends to extend the “neutrality principle”. The principle stops civil servants from wearing religious symbols and voicing political opinions. As of present, it only applies to public sector employees, but the bill aims to affect private sector contractors, too. 

On March 30, amendments were proposed in the Senate. Wearing a burkini in a public pool, a banning of prayers in university corridors and parents wearing religious symbols being unable to accompany their children on a school trip, were all put forward. Most notably, girls under 18 being banned from “wearing religious symbols in the public space”, was approved. The hashtag “Hands Off My Hijab” has since been shared by thousands of women on Twitter, fighting for their religious freedom.

In order for the ban to become law, it needs to be signed off by the National Assembly. 

Statistics show that hate crimes increase after policies against Islam or anti-Islam speech is made by high-profile authorities. In 2018, U.K. Prime Minister Boris Johnson said that Muslim women who wear veils look like letterboxes. A week after his statement, Islamophobic incidents rose by 375 percent as a result. A ‘Tell Mama’ report further showed that in the three weeks following Johnson’s article, 42 percent of Islamophobic incidents that took place offline “directly referenced Boris Johnson and/or the language used in his column.”

As a result of the bill, I created a survey, gaining an understanding of how those in the Muslim community perceive the recent amendment.

What is your opinion of France’s proposed amendment?

All of the respondents disagreed with French lawmakers on the basis of freedom. “Macron said that he will always defend France to have the freedom to speak, draw, write and think. Yet, this freedom does not seem to apply to wearing the hijab. It is a contradiction. Some people are free, others are not.”

What do you think it means for young Muslim girls/women?

“I believe that in some way it affects their beliefs in Islam. When they grow up in an environment that prevents them from wearing the hijab, they will believe that there is something wrong with Islam.” 

Statistics show that hate crimes increase after a key political figure or political policy speaks against Islam. Recently, a mosque in France was vandalized. What do you think about this? 

“Hate crimes are a product of ignorance, which is further fed when lead figures contribute to it. I can see the correlation.”

If one western country is able to enact such restrictive laws, it potentially gives other countries the precedent to do so in the name of “combatting radicalism.” Do you believe other countries will follow France?

“I very much hope we don’t see other countries following. I don’t understand how wearing a piece of clothing by personal choice would increase radicalism.”

France isn’t the only European country to recently announce bans on face coverings. On March 7, Switzerland voted by referendum, in favor of banning the niqab and burqa in public places. 

There is potential for the bill to become a slippery slope policy. With no safeguards surrounding its enforcement, it is open to be abused by authorities.