Top court in France bans Hijab in courtroom, calls it 'necessary and appropriate'
By Team Newsable | First Published Mar 3, 2022, 8:56 AM ISTSarah Asmeta, a 30-year-old French-Syrian lawyer who wears a headscarf, launched the lawsuit, arguing that the Bar Council of Lille's regulation prohibiting religious symbols in courtrooms was discriminatory.
France's top court maintained a prohibition on barristers wearing the hijab and other religious symbols in courtrooms in the north on Wednesday, a first-of-its-kind decision that sets a precedent for the rest of the nation. The public display of religious symbols is a contentious issue in France, and the court's ruling might spark a countrywide debate over so-called essential Republican principles such as secularism and identity ahead of the April presidential election.
Sarah Asmeta, a 30-year-old French-Syrian lawyer who wears a headscarf, launched the lawsuit, arguing that the Bar Council of Lille's regulation prohibiting religious symbols in courtrooms was discriminatory.
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The Court of Cassation ruled in its judgement that the restriction was "necessary and appropriate, on the one hand, to protect the lawyer's independence and, on the other, to ensure the right to a fair trial." It went on to say that prohibiting the wearing of religious symbols "does not constitute discrimination."
According to Reuters, Asmeta was astonished and upset by the judgement. "Why should concealing my hair deny my customer the right to a free trial?" she said, adding, "It is their option whether they chose me as their lawyer while wearing my veil." In court, there is no formal legislation prohibiting Asmeta from wearing her hijab, a headscarf worn by certain Muslim women.
In the months following her oath and admission to the bar as a trainee barrister, the Lille Bar Council issued its internal regulation prohibiting any evidence of political, philosophical, or religious belief from being worn with the gown in court.
Religious insignia and apparel are prohibited for public personnel in France because of the country's "lacité," or secularism - the separation of religion and the state.
In recent years, French lawmakers and politicians have attempted to broaden restrictions on wearing the hijab to include, for example, moms accompanying their children on school trips and football players.
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