By Dr Estelle Ivanova, Attorney at Law, Paris
Once again, the wearing of the hijab in sport has become a prominent legal and political issue in France.
In February 2025, the French Senate adopted a bill on secularism in sport seeking to prohibit the display of conspicuous religious or political symbols during competitions organised by delegated sports federations, their affiliated bodies and national teams. The proposed measure does not extend to sporting activities, as a whole, but is confined to competitions conducted within the framework of federations entrusted with a public-service mission.
The initiative follows a broader trend towards reinforcing the principle of laïcité (secularism) in organised sport. It is largely inspired by the French Conseil d'État decision of 29 June 2023 (No. 458088), which upheld the legality of the French Football Federation prohibition on the wearing of conspicuous political, philosophical or religious symbols during competitions. The Court held that a delegated sports federation entrusted with a public-service mission may impose restrictions on the expression of personal beliefs, where such measures are justified by the proper functioning of the public service and remain necessary, appropriate and proportionate. That judgment is currently the subject of pending applications before the European Court of Human Rights, which has raised questions under Articles 8, 9 and 14 of the European Convention on Human Rights.
Supporters of the bill argue that the measure is necessary to safeguard the constitutional principle of laïcité; preserve neutrality in sporting competitions; and prevent the display of religious affiliation within organised sport. More broadly, they contend that sport should remain a neutral space fostering social cohesion and equal participation regardless of individual beliefs.
The proposal has nevertheless attracted significant criticism. Human rights organisations, including Amnesty International, argue that the measure would disproportionately affect Muslim women and girls who wear the hijab and further restrict their access to sport. According to Amnesty International, the proposed ban constitutes a discriminatory interference with the rights to freedom of religion, freedom of expression, equality and non-discrimination as protected by international human rights instruments, including the European Convention on Human Rights.
Critics further note that France already occupies a distinctive position in Europe regarding religious attire in sport. In their view, a blanket legislative prohibition risks excluding a category of athletes from participation rather than promoting inclusion and equal access to sporting activities.
From a legal perspective, the controversy highlights the tension between two competing principles: the French conception of laïcité and institutional neutrality, on the one hand, and the rights to freedom of religion and non-discrimination, on the other. It also raises important questions of proportionality.
Whilst federation-specific restrictions have been upheld by French administrative courts, the extension of such restrictions through legislation applicable across the sporting sector may be subject to closer scrutiny under constitutional principles and international human rights standards.
Although adopted by the Senate, the proposal has not yet completed the legislative process. Its examination by the National Assembly remains pending and its ultimate fate, therefore, remains uncertain.
The forthcoming parliamentary discussions, therefore, are likely to focus not only on the practical enforceability of the measure but also on whether it strikes an appropriate balance between secularism and fundamental freedoms.
Whatever the outcome, the debate provides a notable illustration of the challenges facing contemporary sports governance as issues of religious expression, equality and institutional neutrality increasingly intersect. The issue is, therefore, likely to remain at the forefront of the ongoing debate on the relationship between sport, secularism and fundamental rights in Europe.
Dr Estelle Ivanova may be contacted by e-mail at ‘