Faizel Patel, Radio Islam News, 2013-11-28

A Paris appeal court has upheld the right of a private nursery school to fire an assistant director who wanted to wear an Islamic headscarf at work.

The ruling on Wednesday (27 November) overturned a March 2013 verdict deeming the creche guilty of religious discrimination for sacking Fatima Afif in 2008.

The appeal court described Afif's refusal to take off the veil as an offence that constituted "gross misconduct" and therefore justified her sacking.

Michel Henry, a lawyer for Afif had previously argued that the crèche’s internal rules should be trumped by “the exercise of a fundamental freedom, the freedom of religion,” he was quoted as saying by French television TF

Afif  was sacked after telling her employer ‘Baby Loup’ crèche in the Paris suburbs that, on her return to work following five years of maternity leave, she wished to wear a headscarf at all times.

While the verdict was hailed as a landmark decision by supporters of secular education, it was denounced by Muslim organisations who see the emphasis put on secular principles as a way of singling out their community.

Lawyers for Afif said it was "very probable" that they would launch another appeal and she herself has said she is prepared to take her case all the way to the European Court of Human Rights.

In a recent interview Afif said she felt emancipated by her decision to wear the veil whenever she was in public and insisted: "I am not the standard bearer for any cause, I'm only seeking justice."

Two earlier rulings, by a works tribunal and a lower level appeal court in Versailles, had both upheld the nursery's case that they were entitled to insist on the children being looked after/educated in an environment free from religious influence.

Those decisions were overturned in March by the Court of Cassation in a ruling which was widely denounced by politicians across the political spectrum as undermining secular education and led to calls for the law to be clarified.

Any overt religious symbols – headscarves, yarmulke (Jewish skullcaps) or dastar (Sikh turbans) are banned from French state schools, which operate on strictly secular lines.

But the Court of Cassation ruled in March that the legislation could not be applied to a private nursery and that Afif's right to express her religious faith therefore prevailed.

Wednesday's ruling on Afif's case came as the European Court of Human Rights was due to start considering a challenge to France's so-called burqa ban, a 2011 law which outlaws the wearing of niqabs – veils which cover the full face – in public.

Belgium and some parts of Switzerland have followed France's lead and similar bans are being considered in Italy and The Netherlands.

Under the French law, approved in 2010 and implemented the following year, women wearing full-face veils can be fined up to 150 euros (R 2100).

 (Twitter: @Faizie143 )