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1992-11-02 - Council of State, Kherouaa, n. 130394

Public space · France · Dress code · School

A school internal regulation cannot foresee an overall ban on wearing religious signs

Key facts of the case - Several applicants ask for the repeal of the school internal regulation act which forbids “the wearing of any distinctive religious, political or philosophical sign” and the individual decision to expel definitively two pupils because of their refusal to remove their headscarf as well.

Reasoning of the court - Because of the generality of its terms, this regulation act provides for an overall and absolute prohibition in breach of the freedom of expression of the pupils, which is guaranteed by the principles of neutrality and laicïté of public school. Since the expulsion is grounded on an illegal text, it must be also repealed.

Comment - Since the March 15th, 2004 Act regulating, in application of the principle of laïcité, the wearing of signs or clothing which manifest religious affiliations in public elementary, middle, and high schools, this kind of jurisdictional solution is not anymore applicable.

See the decision: Council of State, Kherouaa, 1992-11-02, n. 130394.