By Noor Afrose/ GICJ

The 2024 Paris Olympics, held from 26 July to 11 August, marked a historic moment of full gender equality. For the first time, there was an equal number of male and female athletes, highlighting a significant move towards inclusiveness. However, despite this advancement, the Olympics faced backlash for prohibiting Muslim women athletes wearing hijabs or headscarves from competing in France. Sports Minister Amélie Oudéa-Castéra announced a ban on hijabs for national team athletes, citing the values of a strongly secular society. This decision sparked debates in the realms of politics and religion, raising concerns about the intersection of sports and human rights.

Violation of the Olympic Charter and European Sports Charter

Articles 1 and 4 of the Olympic Charter's Fundamental Principles clearly assert that sport is a human right that must be free from discrimination. France's ban on hijabs for Muslim female athletes contradicts the Charter by undermining respect for human dignity, religious freedom, and equal opportunity in sports. This prohibition undermines the core values of the Charter, which is centred on inclusivity and rejects exclusion based on beliefs, culture, or gender. Similarly, the European Sports Charter, endorsed by the Council of Europe, advocates for inclusiveness in sports, ensuring equal rights for all to participate, irrespective of their religion. France’s restriction on religious attire effectively excludes Muslim women from sports, violating the Charter's fundamental tenets of equality and non-discrimination. It hinders athlete rights and opposes the Charter's goal of using sports to foster integration, unity, and respect for diversity, regardless of skin colour, religion, culture, or wealth.

Violation of International Human Rights Legal Frameworks 

The restriction on wearing the hijab during sports events imposed by France sharply contradicts several international human rights standards. The Universal Declaration of Human Rights (UDHR), specifically in Articles 2 and 18, secures the freedom of thought, conscience, and religion, which encompasses the right to express beliefs through practice, observance, and clothing. Likewise, the International Covenant on Civil and Political Rights (ICCPR), particularly Article 18, clearly upholds the right to express one’s religion, whether privately or publicly. By enforcing a hijab ban, France directly breaches this right, forcing Muslim women to choose between their faith and their interest in sports. This policy not only strips these athletes of their religious identity but also alienates them from a platform intended to honour diversity, unity, and inclusivity.

This ban further breaches the principle of non-discrimination found in both the UDHR (Article 2) and ICCPR (Article 26), which forbids discrimination based on religion, gender, or any other status. By implementing this policy, France disproportionately affects Muslim women, creating obstacles to their participation in sports and public life. Such exclusion contradicts the Olympic Charter’s principles of promoting equality and encouraging mutual respect among athletes of various backgrounds. The European Convention on Human Rights (ECHR), which France has signed, strengthens these principles with Article 9, protecting freedom of thought, conscience, and religion, and Article 14, which outlaws discrimination.

For many Muslim women, the hijab is not merely a piece of clothing but a significant expression of beliefs and identity. By disallowing women from wearing it, the French policy infringes upon their personal autonomy and right to self-expression. The European Court of Human Rights, interpreting Article 10 of the ECHR, acknowledges the right to freedom of expression, which includes symbolic expressions like religious attire. The UN Human Rights Committee, in its General Comment No. 34, has also highlighted that the right to expression encompasses one’s choice of clothing, especially when linked to religious or cultural beliefs. Thus, by banning the hijab, France infringes not only on religious freedoms but also on the broader right to personal expression, thereby diminishing women’s control over their bodies and decisions.

Additionally, cultural rights are tied to the right to engage in sports and physical activities, serving as a crucial aspect of individual and collective identity and lifestyle. According to the United Nations Educational, Scientific and Cultural Organization (UNESCO) Revised International Charter of Physical Education, Physical Activity, and Sport, everyone has the right to participate in sports without discrimination, which directly conflicts with the hijab ban that restricts Muslim women from exercising based on their cultural and religious beliefs. Moreover, Resolution 54/25 from the Human Rights Council advocates for the eradication of racism and intolerance in sports, promoting respect for cultural diversity. By barring athletes from wearing hijabs, France effectively marginalises a group based on their cultural identity, violating their right to express their culture.

Misapplication of Secularism

France uses the principle of laïcité (secularism) to justify its hijab prohibition — a principle intended to minimise religion in public life. However, this interpretation is deeply flawed and does not align with international legal standards. The presence of civilians wearing the hijab does not incite civil disorder; it is not the hijab itself but rather the societal reaction to it that creates unrest.

International law defines secularism as the State’s impartiality towards any specific belief — ensuring that all individuals can practice their faith freely without State interference. France's focus on banning religious attire is a form of State control that overlooks religious diversity and promotes forced assimilation. Such a prohibition contradicts the essence of a secular state, as it specifically targets certain religions and violates the rights of particular groups. This selective enforcement of secularism undermines the core principles of genuine religious freedom, civil liberties, and equality that France claims to uphold.

Geneva International Centre for Justice (GICJ) urges the international community to address France’s hijab ban in sports, emphasising that this policy violates fundamental human rights and international sports principles. The ban not only restricts Muslim women from freely participating in sports but also discriminates against them based on their religious attire. By imposing such restrictions, France undermines the values of inclusivity and diversity that are central to sports, especially the Olympic Charter, which champions equal participation regardless of background or belief. GICJ calls for France to uphold its commitments under international human rights treaties, such as the ICCPR and CEDAW, which protect the rights to freedom of religion, expression, and non-discrimination. GICJ believes that fostering inclusivity in sports is essential for promoting unity and mutual respect and urges continued efforts to protect the rights of Muslim women athletes.

References

• https://www.aa.com.tr/en/europe/french-athletes-banned-from-wearing-hijab-at-2024-olympics/3279337
• https://www.amnesty.org/en/latest/news/2024/07/france-hijab-bans-olympic-and-paralympic/
• https://religionunplugged.com/news/2024/7/25/2024-summer-games-frances-hijab-ban-violates-international-law-and-exacerbates-tensions
• https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
• https://www.un.org/en/about-us/universal-declaration-of-human-rights
• https://olympics.com/ioc/olympic-charter
• https://www.coe.int/en/web/sport/european-sports-charter