France: Court upholds ban on advocates wearing religious symbols

France: Court upholds ban on advocates wearing religious symbols

France’s Court of Cassation has upheld a ban on advocates wearing religious symbols with their robes in courtrooms.

In June 2019, the Lille Bar Council told its members they would not be permitted to wear “decorations or signs” displaying “religious, philosophical, community or political affiliation or opinion” with their robes.

Trainee lawyer Sarah Asmeta appealed the notice on constitutional grounds.

The Court of Appeal, however, held her appeal to be inadmissible, stating that the rights and freedoms on which she made her case were not available to trainees, only lawyers.

She appealed to the Court of Cassation, which has now held that freedoms pertaining to thought, conscience, and religion are qualified by restrictions necessary to protect “public safety, order, health or morals” or to protect others’ freedoms.

It said a common uniform in part ensured the equality of lawyers and that personal expression needed to be “erased” to ensure a fair trial. 

Ms Asmeta said: “Why does covering my hair stop my client from the right to a free trial? … If [clients] choose me as their lawyer, with my veil, then it is their choice.”

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