Document Type : Academicm and Research

Author

• ehsan salimi

Assistant Professor of Maragheh University Law Department.

Abstract

In 2004, religious clothing was banned in French schools with the justification of adherence to the principles of laicity. Since then, various laws, bills and guidelines regarding the restriction of religious clothing, focusing on Islamic hijab, have been put on the agenda. The present article evaluates the limitations of the hijab with a human rights approach using a descriptive-analytical method and using library resources. The findings of this article show that, firstly, for denying or limiting the rights of individuals, the criteria should be human rights documents and not the principles of laicity. Secondly; Laicity in its common and true meaning does not show such restrictions, but French politicians in the name and in the form of laicity present laws that are contrary to fundamental human rights, such as "the right to freedom of religious rites" and "the right to religious education of children". Thirdly, the dual approach of the French laws cannot be justified and it is not clear that the French legislator who doubts the decision-making power and eligibility of teenagers to choose religious clothing is based on the independence of the decision-making of teenagers for sexual consent at the age of 15 in the law on strengthening the protection of children against It has recognized sexual violence approved in 2021?

Keywords

• right to hijab
• right to freedom
• right to religious education
• age of sexual consent
• declaration of human rights

Main Subjects

• Legal (Comparative Islamic and Western Law)