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RELIGION

Reader Question: Can I wear a hijab or headscarf while visiting France?

Foreign media often refer to France as having a 'hijab ban' - while this is not the case, there are some restrictions around wearing the Muslim headscarf in France. We look at what this means for visitors.

Reader Question: Can I wear a hijab or headscarf while visiting France?
Members of the pro-burkini association « Alliance Citoyenne » in 2022 (Photo by JEFF PACHOUD / AFP)

Question: We would love to come to France for a family holiday, but we are Muslim and several members of the family wear the hijab. Is it true that this is banned in France?

In August, the French government banned pupils or teachers from wearing abayas – a loose-fitting modest dress usually worn by Muslim women – in public schools,  

The government argued that the garment constitutes a symbol of religion, and therefore contradicts France’s strict principle of state secularism. The rule was an extension to existing rules around secularism (laïcité) which do not allow the wearing of hijabs in French schools.

While there are rules in place around the wearing of any types of religious garment – from a hijab to a kippah to a crucifix – most of them do not affect visitors to the country.

Ban

In 2010, France brought in a complete ban on clothing that includes full-face coverings such as the burkha or niqab – these cannot be worn in any public space and you risk a €150 fine for doing so. One source of confusion for foreigners is the French word voile (veil) which is sometimes used interchangeably to talk about both burkhas and hijabs. Technically, the correct term for a full-face covering in French would be a voile intégral.

There is also a ban on wearing the full-body swimsuit known as the burkini in municipal swimming pools – it is allowed on the beach (after France’s state council overturned bans imposed by some local authorities) and in private pools.

As for sport, France’s Constitutional Council said in a June ruling that French sporting federations can choose to impose dress requirements on players in competitions and sporting events “to guarantee the smooth running of matches without any clashes or confrontations”.

As such, it upheld a rule by the French Football Federation (FFF) against wearing “any sign or clothing clearly showing political, philosophical, religious or union affiliation” during play. This therefore bans players from wearing the hijab when taking part in a game on FFF-owned pitches, but it does not cover spectators. 

Federations for other sports, such as rugby, have opted against a ban. Female rugby players can wear a hijab during matches “provided it does not constitute a danger to the wearer or other players.” Handball and judo also permit the wearing of hijabs, and the French Tennis Federation simply requires that “clothing compatible with the practice of the sport” be worn.

Competitors at the Paris Olympics in 2024 will be allowed to wear a hijab to compete, as will spectators.

No ban

On the other hand, there is no general ban when it comes to hijabs, headscarves or abayas.

This means that a foreigner visiting France can be assured that they are permitted to wear their hijab (or their abaya) while walking down a street, touring a museum, taking public transportation or any other activity in the public space.

The rules around wearing religious clothing like large Christian crosses, the Sikh turban or kippas, really only apply to government buildings and public employees – so are unlikely to affect visitors.

For example, public schools are considered government buildings, and as such students and teachers cannot wear overt signs of religion. That’s also the reason why schools do not have religious assemblies, and at Christmas do not perform nativity plays or display a crib.

That being said, a person visiting a French school would be permitted to wear a hijab, since they are not a pupil or a teacher.

Likewise although public employees in buildings like the préfecture would not be allowed to wear a hijab while they are at work (although they are free to do so in their own time) visitors to these buildings are not affected. 

The hijab ban does not cover universities. 

Why?  

If all this sounds a little confusing, it might help to look at the philosophy behind the rules.

The background is the French principle of laïcité – or state secularism. It is the idea that everyone in France has the freedom to worship as they choose – but the state itself remains strictly neutral and does not take part in any religious practices.

READ MORE: EXPLAINED: What does laïcité (secularism) really mean in France?

Because the state must be neutral, public officials – as representatives of the state – cannot wear religious signs. This means that a police officer, préfecture or firefighter, for example, would not be allowed to wear a hijab while at work. What they wear in their own time is entirely their personal choice, as of course is their religion. 

Even though France’s government does not keep track of race or religion, private studies estimate that there were at least 5.7 million French Muslim people as of 2022, making up approximately eight percent of the country’s total population. 

Of that population, plenty of women choose to wear the hijab regularly. A recent study by Insee found that over a quarter (26 percent) of Muslim women aged 18 to 49 in France reported wearing a headscarf.

That being said, it is more common to see women wearing hijabs and headscarves in larger cities, such as Paris or Toulouse than in rural France or small towns.

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TRAVEL NEWS

How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE

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