Sailing: mothers soon permitted to wear school trip?

This is a notice which may ignite the powder in an already explosive context of secularism. The State Council shall decide in the coming days on the very sensitive issue of the veil for parents accompanying school trips . Chatel is referred circular of March 2012. What does it say exactly ? Why the Sages were seized ? What will they say ? Elements of response .

• What circular Chatel 2012? ==> 

To understand the debate , we must go back in November 2010. At that time, a controversy erupts when the director of the Josephine Baker Elementary School Pantin ( Seine -Saint- Denis ) refuses a mother veiled family attends a school trip organized by the institution. Alleging "discrimination" , the CIPF - main federation of parents - takes a stand in defense of the attendant and ask the Minister of Education at the time, Luc Chatel , condemn such practices "exclusion " .

The parents then based on the position of the predecessor Luc Chatel, Xavier Darcos, who said in August 2008 that " the 2004 law banning the wearing of religious symbols does not extend to parents involved volunteer in the public service of education . " Thus, he explained that the accompanying mothers could not " be subject to any special rules regarding their behavior ." Include: the veiled mother is in the right, because it can not be regarded as an auxiliary public service .

But this position is not shared by Luc Chatel . In March 2011, the Minister and slice takes the opposite of his predecessor. He decides to ban the Islamic headscarf mothers of students accompanying their children on school field trips , which he should be bound by the same obligations as servants. " When accompanies students output , it participates in public education service . This implies the same duties as those of personal of Education is required . Today I laid down a clear rule that can now rely principals , " he announced while the " Parisian " .

A year later , a circular was issued : it calls a "neutrality" for parents of students participating in school outings and trips.

• Why the State Council has he received ?

A year and a half later , the debate is still hot. The Defender , Dominique Baudis , decided last September to enter the Council of State to obtain " necessary clarifications " on the principle of secularism , especially of ' volunteers or casual employees of the public service " .

"It is urgent to clarify the rules of the game ," he explains . Several associations involved in the fight against Islamophobia does not disarm, and intend to take this exam by the State Council for the repeal of the circular. According to " the collective against Islamophobia in France " , it " creates daily situations of tension , discrimination and exclusion especially for moms Muslim ."

An online petition , launched recently and signed including several academics, also questions the Minister of Education , Vincent Peillon, to withdraw the circular.

• That will tell the Council of State ?

While his opinion is expected before the end of the year, it is likely , according to information from " Nouvel Observateur " , the State Council calling into question the circular Chatel . According to a preliminary report , seen by Europe 1, the Sages consider the regulations listed in the Circular, is not in conformity with the 2004 law that bans religious symbols in schools . In their view, the principle of secularism should not apply in extracurricular trips. Such notice may lead to revision or even the removal of the circular.

So for now, Vincent Peillon is in reference to the current jurisprudence , explaining follow " the law " - which considers the accompanying mothers as auxiliary of the public service - it does not rule out " consider how " . Anticipating a challenge to the circular , he already warned: " If there are changes to our right , we'll see. "

• Why is the explosive situation?

This new legal battle comes at a particularly tense climate on the issue of secularism. Exhumation by "Le Figaro" , there is a week of shock report on integration, posted by Matignon , sparked an outcry right, and embarrassment into the ranks of the majority. Consists of five components , the paper proposes , among other things, a return of the sailing school for students and teachers alike . The objective is to "rethink " integration policy in France to restore the heart of the public policy against discrimination and equal rights . There was enough for the right accuses the government , which commissioned the report , to the bed of communalism .

To cut short any controversy and reassure the public , Jean- Marc Ayrault played the fireman on duty and warned that in the wake of the government wanted " obviously not " reintroduce religious symbols in schools . End of the debate ? To the sensitive issue of mothers accompanying the notice of the State Council could put oil on the fire.