In a landmark decision, France’s top administrative court has upheld the government’s ban on traditional over-garments worn by some Muslim women in schools, dismissing claims of discrimination and incitement to hatred. This move by President Emmanuel Macron’s government comes as an effort to enforce the principles of secularism in education.
The ban specifically targets the abaya, a full-body covering for women, and its male equivalent, the qamis. Muslim headscarves had already been prohibited in schools on the grounds that they constitute a display of religious affiliation.
The Action for the Rights of Muslims (ADM), representing Muslims, had filed a motion with the State Council, seeking an injunction against the ban, arguing that it was discriminatory and could lead to hatred against Muslims and racial profiling.
However, after a two-day examination, the State Council rejected these arguments, stating that wearing the abaya “follows the logic of religious affirmation.” The decision aligns with French law, which prohibits the display of visible signs of any religious affiliation in educational institutions.
The State Council further ruled that the government’s ban did not cause “serious or obviously illegal harm” to personal lives, freedom of religion, the right to education, the well-being of children, or the principle of non-discrimination.
Prior to this ruling, France’s Council of the Muslim Faith (CFCM), tasked with representing Muslims before the government, cautioned that banning the abaya could heighten the risk of discrimination, highlighting the absence of a clear definition of this garment and the ensuing legal uncertainty.
ADM’s lawyer, Vincent Brengarth, contended during the court hearing that the abaya should be considered a traditional garment rather than a religious one. He also accused the government of pursuing political gain through the ban.
ADM president Sihem Zine criticized the rule as “sexist” for singling out girls and “targeting Arabs.” In contrast, the education ministry argued that the abaya made its wearers “immediately recognizable as belonging to the Muslim religion,” contradicting France’s secular culture.
This decision has already resulted in dozens of schoolgirls being sent home for refusing to remove their abayas, with 67 girls defying the ban. While most agreed to change their attire, those who refused were sent home, according to Education Minister Gabriel Attal.
It is essential to note that in 2016, the State Council overturned a ban on the burkini in a French Riviera resort, citing no threat to public order from the long bathing suit worn by some Muslim women.
France, with approximately 10 percent of its 67 million inhabitants being Muslim, faces ongoing debates surrounding secularism, individual rights, and religious expression, particularly among its diverse population, many of whom have origins in North African countries that were once French colonies.
AFP
