PARIS: A Paris appeal court on Wednesday upheld the right of a nursery to fire a female employee who insisted on wearing a headscarf at work.
In the latest round of a long-running legal battle, the court overturned a controversial March 2013 ruling that the "Baby-Wolf" kindergarten in the Paris suburbs had been guilty of religious discrimination when it dismissed Fatima Afif in 2008.
Afif was sacked after telling her employer that, on her return to work following five years of maternity leave, she wished to wear a headscarf at all times.
The head of the day nursery refused, citing the establishment's rules that employees had to be neutral in terms of philosophy, politics and faith. That led to a stand-off and Afif being made redundant.
Wednesday's verdict supporting the nursery's action was hailed as a landmark decision by supporters of secular education.
But, in reality, it is unlikely to be the end of the case.
Lawyers for Afif said it was "very probable" that they would launch another appeal and she herself has said she is prepared to take her case all the way to the European Court of Human Rights.
Two earlier rulings, by a works tribunal and a lower level appeal court in Versailles, had both upheld the nursery's case that they were entitled to insist on the children being looked after/educated in an environment free from religious influence.
Those decisions were overturned in March by the Court of Cassation in a ruling which was widely denounced by politicians across the political spectrum as undermining secular education and led to calls for the law to be clarified.
Any overt religious symbols - headscarves, Jewish skullcaps or Sikh turbans for example - are banned from French state schools, which operate on strictly secular lines.
But the Court of Cassation ruled in March that the legislation could not be applied to a private nursery and that Afif's right to express her religious faith therefore prevailed.
Wednesday's ruling on Afif's case came as the European Court of Human Rights was due to start considering a challenge to France's so-called burqa ban, a 2011 law which outlaws the wearing of niqabs - veils which cover the full face - in public.
COMMENTS (11)
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This is too much and unfair. Veil ban is OK but Hijab ban is inappropriate. What is she is wearing a head gear to keep her head warm? Will that be fine which normally people do. If this is the case, than will the court decide which is a cap and what is a cloth. This is going very far for French laws. Stupid and offending.
France will see its consequences soon... You can't just stop someone from wearing anything they want. Its their basic right and France is big promoter of human right???
@Rex Minor: The Interior minister has also ordered the deportation of the Romas, the ancient nomadic sect from India who are refusing to integrate into local communities. Deportation to where?
@Raj - USA: Who are you to say what is O'K or not O'K for the french? It is upto the people of France to dedcide how they organise their social laws. The Interior minister has also ordered the deportation of the Romas, the ancient nomadic sect from India who are refusing to integrate into local communities.
Rex Minor
Easy settlement : Hijab....head scarf..................OK. Niqab...burqa.......................NO. But the French are smart they realise that if they give an inch, the other side will take a foot and then retrieving 11 inches will be next to impossible. The religious extremism situation in Pakistan is living proof of that.
If its the rule of the nursery, find another employer. Its a secular country for all, not just Muslims. Stop making such a big deal out of it.
why these shameless want extremism in other countries when they dnt want such in their countries?
Five years maternity leave.......... these are very, very generous entitlements in France. Is it paid leave ?
To me, wearing headscarf that does not cover the face and neck is OK. However, wearing a full face covering headscarf is not OK, particularly when it is in a nursery or kindergarten as it will frighten the children. A dress covering the full face from head to toe, with just slots for eyes looks ghostly, similar to the ghosts depicted in cartoons and movies where you don't see the legs and see only the dress moving. In Kindergarten and schools for children the teachers and caretakers have to bond with the children and you cannot bond with an object as it is only a black flowing cloth is what you see.
Muslims making ridiculous demands will only hurt them everywhere, be it China or Angola.
Banning scarf is a little too much. Niqab-ban is fine.
Good.