“We will fight Islamist ideology and we will sanction the wearing of the veil” with a fine, said assured Jean-Philippe Tanguy, Sunday on BFMTV. Marine Le Pen’s lieutenant confirms that this measure, supported according to him by “60% to 70% of French people”, will be part of the program of the National Rally (RN). This promise already appeared in Marine Le Pen’s three previous presidential programs, in 2012, 2018 and 2022. In 2021, a bill was even drafted by the RN to “fight Islamist ideologies”. But is this measure really applicable?
First obstacle, the ban on wearing the veil in public spaces represents an attack on secularism. According to Serge Slama, professor of public law at Grenoble-Alpes University, interviewed by The Parisian : “Secularism presupposes the neutrality of the State, not of citizens. It does not prohibit individuals from expressing their religion in public spaces, which also do not have to be neutral. » There is also a legal obstacle, since the Constitution guarantees freedom of religion: “No one must be disturbed for their opinions, even religious ones, provided that their manifestation does not disturb the public order established by law”, indicates the Declaration of the Rights of Man and of the Citizen.
A possibility by referendum?
Today, the law that comes closest to this ban is that of October 11, 2010, which only prohibits the concealment of the face in public spaces, targeting the full veil, such as the burqa or the niqab, without concerning the hijab, which leaves the face visible. It was validated both by the Constitutional Council in 2010 and by the European Court of Human Rights (ECHR) for essentially security reasons. In the case of the hijab, where the face remains uncovered, this same argument seems more complicated to justify.
But the National Rally could however find the fault. Marine Le Pen’s party wishes to enforce this ban in public spaces via a referendum, the Constitutional Council of which cannot censor the decision but only contest the request. The Constitution can also be revised, at the initiative of the Prime Minister and the President of the Republic, then by a vote of the Senate and the National Assembly. The ban on the veil could therefore, in theory, make its way despite numerous obstacles.
