France / CCPR/C/134/D/2921/2016
Country
France
Year
2016
Decision/ruling/judgment date
Thursday, September 22, 2022
Incident(s) concerned/related
Discrimination
Related Bias motivation
Religion
Groups affected
Muslims
Court/Body type
UN Committee
Court/Body
Human Rights Committee
Key facts of the case
The petitioner is a Muslim and a national of France. Because of her religious beliefs, she wears a headscarf to cover her hair. As part of her vocational training she enroled at Gerta Tertiaire 94 - a group of public establishments for adults' lifelong learning - to study for an advanced vocational training certificate. She attended the interview wearing her headscarf and passed it. On the first day of her training, the school director verbally denied her entry owing to the ban on wearing religious symbols in a public educational establishment.
Main reasoning/argumentation
The Committee noted that the author's claim about being denied access to her training course while wearing a headscarf violated her right to freely manifest her religion under article 18 of the Convention, since it constituted a limitation that was not prescribed by law, not necessary in a democratic society and not proportionate.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
The case points out the freedom to manifest one's religion and discrimination on the basis of the religion and gender.
Results (sanctions, outcome) and key consequences or implications of the case
The Committee found violation of articles 18 and 26 of the Convention. In accordance with article 2, paragraph 3 (a) of the Convention the State party is under an obligation to provide the author with an effective remedy. This requires it to make full reparation to individuals whose Convention rights have been violated. France is obligated to provide adequate compensation and appropriate measures of satisfaction to the author, readmission to the training course if author wishes, compensations for the lost opportunity and the reimbursement of legal costs.
Key quotation in original language and its unofficial translation into English with reference details
'The Committee therefore concludes that the restriction imposed on the author,
prohibiting her from participating in her vocational training course while wearing a headscarf, constitutes a restriction interfering with her freedom of religion in violation of article 18 of the Covenantion.''
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