Europe Divided over Headscarves

Europe Divided over Headscarves
Julio Godoy - IPS 10/26/03

PARIS, Oct 27 (IPS) - The insistence of two schoolgirls in France on wearing headscarves to school raises a religious issue that divides Europe.

Alma and Lila Lévy, 18 and 15, were expelled from a public school in Aubervilliers village 15 km north of Paris earlier this month after they continued to attend classes with headscarves veiling their hair, ears and necks.

In Germany a Muslim teacher is engaged in similar confrontation with authorities.

The headscarf does not present a problem in most other European countries. Schools in Britain, Spain, the Netherlands and in the Scandinavian countries allow headscarves. Belgium and Italy have no laws covering this, and school authorities take their own administrative decisions.

In France and Germany, headscarves have run into complex issues involving religious freedom, the Constitution and Christianity.

The schoolgirls in France ran right into these when the refused to compromise. School principal Lucien Nedelec had talked to the girls about a "subtle way of wearing the headscarf", but the girls evidently did not accept the suggestion.

"I have always looked for flexible norms that allow the girls to dress in ways fitting with their religious conviction, but without disregarding the secularism of our public school system," Nedelec told media representatives.

"We made concessions," Alma said. "We agreed to wear coloured headscarves and tunics, but we cannot agree to leave hair, ears and neck visible."

A 1905 law separates state from religion in France. An order from a constitutional court says wearing of religious symbols cannot be forbidden unless they are intended to convert others or to "cause trouble within the school community."

The majority of the 61 million people in France are Catholics. But with about five million Muslims, about 700,000 Jewish citizens, Protestants and followers of the Greek Orthodox church, the country is something of a religious mosaic.

So to a lesser extent is Germany, with about 3.2 million Muslims in a population of 82 million. School teacher Fereshta Ludin who is of Afghan origin has insisted on her right to wear a headscarf. A dispute over this has ended up in a constitutional court.

The court has asked the Laender, (federal) states to pass a standard law on the wearing of headscarves and other religious symbols to school. Wearing of headscarves cannot be regulated without such a law, the court ruled September 24.

The court called on the parliament of Laender to take into consideration the traditions of schools, the composition of the population and people's religious roots while passing the new law.

While France declares itself secular, in Germany Christianity is firmly anchored in public affairs. The call by the German constitutional court therefore raises the question whether a law should ban only the headscarf or all religious symbols.

The right-wing Christian Democratic Union is the dominant party in the majority of Laender states, particularly in the south. Many leaders of the party say the court has in effect asked them to protect Christian symbols in schools.

In Bavaria crucifixes hand from the walls of schools. Nuns teach, with support of state authorities.

Education minister Monika Hohlmeier from the Bavaria region of Germany has proposed a decree to ban "all symbols contrary to the values anchored in our constitution, or which aim to trouble the peace at our schools."

But legal experts say that a law that bans headscarves and not Christian symbols would be unconstitutional.

"Either we forbid headscarves and all other religious symbols from schools, or we authorise all of them together," Corinna Werwigk-Herntneck, a justice minister in Baden Württemberg in Bavaria declared.

Christine Langenfeld, professor for public law at the University of Göttingen says a law banning headscarves but approving Christian symbols in school would never be approved. "Legislators will have enormous difficulties with such a law, the Constitutional Court would have to stop it," she said.

In both France and Germany, the cases have raised fresh debate over secularism.

For Alma and Lila, daughters of an atheist couple, the secular character of a public school means that the institution cannot impose religion upon the students. "Students should be free to express their religious convictions," Alma said. "We don't want to convince anybody to become a Muslim."

The French debate on the headscarf goes beyond schools. Some Muslim women have been demanding reserved time for women in public swimming pools. In several cases Muslim men have refused to let male doctors treat their wives.

An expert commission set up by the government to study this issue is due to come up with a set of recommendations in January.

French politicians from all sides are calling for a law to ban wearing of religious symbols at school. But not everyone at school is backing the political demands.

"I reject the imposition of a law forbidding headscarves, kippas, or crucifixes," says Guy Bruit, a director with the Rationalist Union, an education think-tank. "Instead, we must see school as a laboratory of democracy, where the respectful exercise of a moral and intellectual authority should lead to tackle problems with a democratic debate."

Dalil Boubakeur, president of the French Muslim Council also rejects the political demands. "We accept the religious neutrality of the state, and that the republican laws are valid for all citizens, including us Muslims," she told the commission analysing the question. But Boubakeur said a ban on the headscarf from all public institutions would be "disproportionate".