E/CN.4/2006/5/Add.4 page 13 58. Many supporters of the law have also argued that the school is a place where children should learn about the elements that unify them rather than the elements that differentiate them. In this context, they argue that differentiating between pupils on the basis of religion has resulted in some pupils refusing to participate in classes such as biology or swimming classes. 59. The Special Rapporteur noted the inconsistency in the position of certain interlocutors from women’s organizations who argued that Islam does not, as such, require women to wear a headscarf whilst at the same time arguing that the law should be applied to the headscarf because it was, in fact, being worn as a religious symbol. 60. Finally, at a meeting with members of staff of the office of the Minister of National Education, the Special Rapporteur was told that the wearing of religious symbols in schools hurt the freedom of conscience of the other children. She was concerned about the intolerant nature of such arguments. C. Consequences of the implementation of the law 61. It is claimed by the Government that the implementation of the law has actually proved less problematic than expected and most interlocutors have agreed with this conclusion. According to the Minister of National Education, 47 children have been expelled from schools, including three Sikh pupils who had refused to remove their under-turban. French tribunals have usually upheld these expulsions. 62. It is however difficult to assess the number of pupils who have chosen not to abandon their religious signs. In addition to dismissals, some have removed themselves from the school system by abstaining from registering with a school. Others aged above 16 are no longer obliged to attend school. A few have left France or have registered with private schools, which allowed them to keep wearing their symbols. Finally, a few have enrolled with distance learning systems (Centre national d’enseignement à distance). 63. When assessing the indirect consequences of the law, opinions are much more divided. Although the scope of the new law applies equally to all religious symbols, its application disproportionately affects young Muslim women wearing the headscarf. A large number of these women told the Special Rapporteur about the difficulties they had endured because they had freely chosen to wear the headscarf. Many had been intimidated or humiliated for expressing their personal opinion on the question. Even in cases where young girls were obliged to wear headscarves by their families, the law is said to have provoked particularly painful situations within the families. Some girls who did not wear the headscarf before the law have decided to wear it when they leave the school as a form of protest. Some informed the Special Rapporteur that they felt torn between loyalty to their religious community and their commitment to women’s rights. 64. The adoption of the law is also said to have radicalized a fraction of the Muslim youth and has been systematically used in the banlieues and Mosque to disseminate a message of religious radicalism. Some critics of the new law argue that it may have been among the different elements explaining the widespread violence and riots that erupted all around France’s banlieues in early November 2005.

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