E/CN.4/2006/5/Add.4
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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.