Expert: Bruce Fyfe - 12/17/2005

Question
Dear Bruce,
I'm currently doing a presentation in French about the recent ban on headscarves in all French schools. I was wondering if this goes against human rights, or how close it comes.
Thank you very much in advance,
Daniel

Answer
Daniel

My subject is human rights in the Scottish criminal justice system.

However,

ARTICLE 9 FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Read the words from the Article above - they say it all.
"To manifest ... religion ... in ... practice ........ subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others."

The French government obviously deemed it necessary to proscribe the wearing of certain forms of dress in schools and passed laws to that effect. Why?