Moroccan Judiciary Upholds Students’ Right to Wear Hijab in French Schools

The Moroccan judicial arena has recently witnessed two prominent rulings related to students’ rights in private educational institutions, emphasizing the importance of these institutions respecting the rights of students and their parents.

In the latest development, the Court of First Instance in Marrakech issued a ruling yesterday in favor of a student who was prevented from entering a school affiliated with the French Mission in Morocco due to wearing a hijab. The judge ordered the school to allow the student to enter while wearing her hijab, affirming that the school has no right to prevent her from doing so as it violates the constitution and international conventions. The judge also imposed a penalty of 500 dirhams for each day of delay in implementing the ruling.

This judgment came after the mother of the minor girl, through her lawyer, filed a lawsuit against the school. The educational institution argued that the French education system prohibits wearing any clothing related to religious symbols, but the court rejected this defense.

In a similar context, the Court of Appeal in Casablanca, in a session held on June 20, 2024, upheld a primary judgment issued against a private educational institution. This decision came in a case filed by a woman named Fatima Zahra, demanding compensation of 5,000 dirhams. The primary judgment was issued in her favor on November 25, 2020, and was upheld on appeal, with the educational institution being ordered to pay the legal costs for both stages of litigation.

These rulings pave the way for more legal accountability for private educational institutions in cases of breach of contractual obligations or violation of students’ rights. They also affirm the importance of respecting personal and religious freedoms within the framework of Moroccan law and international conventions.

About محمد الفاسي