Muslims in Europe: - International Institute - University of Michigan

schools, inter alia. The so-called “veil affairs” illustrate the tension between public space and private choices; the
difficulties inherent in balancing the requirements of laïcité against the needs of Muslim students. The Council of
State concluded that the practice of wearing veils at school can not be systematically prohibited, but rather that each
case should be judged individually to determine if a student’s choice to wear the veil is incompatible with laïcité.
The opinion suggested that the decision could be conditioned by considerations such as the “ostentatiousness” of the
veil; whether wearing a veil would harm the smooth operation of the school; and whether wearing the veil can be
associated with proselytism. The Council of State’s opinion is quite vague, providing only broad guidelines for a
pragmatic approach to the resolution of individual cases rather than a binding rule; there is no indication of how to
determine “ostentatiousness,” or of how to determine incompatibility with the principle of laïcité.
Teachers and other local authorities did not universally agree with this approach. In October 1993, an MP and
former headmaster of a college highlighted to the National Assembly that school officials were experiencing great
difficulties in compelling compliance with decisions on individual students’ right to wear the veil. The Bayrou
circular of 20 September 1994 sought to affirm headmasters’ competence to take such decisions as part of their
responsibility to instill and maintain school discipline, of which ensuring laïcité is a part. Overall, interpretations of
the circular have led to a hardening of headmasters’ policy; the internal regulations of colleges and high schools
clearly have become more hostile to the practice of wearing a veil.
Despite the vagueness of the Council of State’s opinion, it did break with a traditionally more dogmatic and
restrictive vision of laïcité by recognizing the right to publicly and individually express one’s belonging to a
religious community. This principle has been applied in a majority of the 49 cases which reached the Council of
State between 1992 and 1999; in 41 of these cases, a school administration’s decision to restrict the right to wear the
veil was overruled. Although it has permitted the adoption of certain restrictions for reasons of safety, health,
hygiene, or security,
By contrast, a series of legislative proposals have proposed more restrictive readings of laïcité rather than increased
recognition for cultural diversity.
Public schools are established and maintained by the State, and private schools are governed by associations,
religious groups, or other private groups, and may or may not be under contract with the State. In parallel with the
process of secularization of education, several laws have contributed to the development of a private school sector
(primary, secondary, and university).
Officially, private schools cannot benefit from public financial support of more than one tenth of their annual
expenses. For many years, private schools were sponsored exclusively by private sponsors, though several forms of
indirect assistance were available, such as allocation of rooms, State social grants for pupils (children attending
private schools are eligible for these grants since 1951). The Debré Law of 1959 introduced two possibilities for a
private school to receive State funding: the simple contract (contrat simple) and the contract of association (contrat
d’association). Under a simple contract, staff expenses are covered by the State for teachers and State-accredited
professors; though private schools with a simple contract have autonomy in determining the content of their
curricula, they retain the obligation to prepare students for official degrees, and must use authorized books and
organize the teaching program in line with the programs and schedule of public schools. The contract of association
allows for more significant financial support: the State pays for staff expenses and also for material expenses on the
basis of costs in the public sector. It also allows more freedom in defining the content of the teaching program.
Schools have also been the scene of a number of other controversies relating to religious expression, such as parental
requests that religious dietary requirements be respected in school cafeterias or that their children be excused for
religious holidays or from certain courses. There is no law and little guidance to assist public authorities in deciding
these cases, and few cases have been taken before courts.
Muslims identify two issues of particular importance to their communities in the area of education. First, they seek
adequate religious instruction for their children and improved education on the history, culture, and contributions of
Islam for all public school pupils. Second, they are concerned to ensure adequate training for teachers, religious
instructors and imams.
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