Rabat – A court in the city of Marrakech ruled on Friday in favor of a hijab-wearing student in a lawsuit against a French mission school, ordering the school to reinstate the student or face a fine of approximately MAD 500 ($50) per day of delay.
The Marrakech French Mission School, Victor Hugo, expelled the Moroccan student on grounds of not respecting Articles 1-452 and 42-911 of the French Education Code and the school’s own internal regulations, which prohibit wearing any religious symbols.
In its ruling, the court noted that the minor student, Aya Chtirit, wears the hijab as an expression of her personal conviction and religious beliefs. This right is guaranteed by the Moroccan constitution, the court argued.
In addition, court documents explain that the student was prevented from entering the premises of the school, which had sent her mother a notification saying that her minor daughter had been expelled for wearing inappropriate attire.
The plaintiff’s lawyer mentioned that the prohibition on entering school premises while wearing a hijab exists only in the city of Marrakech and not in other French mission institutions across Moroccan cities.
He argued in court that the school’s justification for its decision goes against provisions of the Moroccan Constitution, which is the highest law in the country.
He also based his defense on the existence of a legal precedent, recalling that the Moroccan legal system had previously ruled in favor of a student wearing a hijab, saying that it was within her rights to attend the Don Bosco institution in Kenitra.
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The defendant’s lawyer further explained that Victor Hugo is subject to French law and the provisions of Articles 4521 and 42 911 of the French Education Code, pointing out that the school’s internal regulations prohibit all students from wearing any clothing related to religious symbols.
He also presented the text of the education partnership agreement between the Moroccan and French governments.
However, after reviewing the cultural cooperation and development partnership agreement between France and Morocco, the court ruled that the document contains no provisions prohibiting students from wearing clothing symbolizing their religious beliefs.
In addition, the court argued that even if the defendant’s lawyer’s claims were valid, they could not be upheld as they contradict international treaties and national laws related to individuals’ civil rights, which all educational institutions must observe when drafting their internal regulations.
French law itself restricts the formulation of internal regulations by educational institutions by requiring compliance with the legislation of the host country, the court noted.
It then concluded by emphasizing that the constitution of Morocco, an active member of the international community, commits to protecting and promoting human rights and international humanitarian law.
