Urgent application rejected – France: Court approves abaya ban

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The French Council of State has approved the recent ban on wearing abayas in schools. The Council of State in Paris ruled that the ban did not constitute a serious and manifestly illegal violation of a fundamental freedom.

The country’s highest administrative court on Thursday rejected an urgent request from an Association for the Protection of the Rights of Muslims (ADM) against the ban on the ankle-length robes traditionally worn by women in Islamic countries.

At the start of the school year, the Minister of Education banned the wearing of the corresponding cover for men, the Qamis, in addition to abayas. He bases this on France’s long-standing ban on visible religious symbols in schools, which advocates secularism, or the strict separation of state and religion.

Abayas as a religious symbol
As stated by the Conseil d’État, the prohibition does not constitute an unlawful interference with the right to respect for private life, freedom of religion, the right to education and respect for the best interests of the child, or the principle of non-discrimination.

The court was convinced that the increased wearing of abayas and qamis in schools had a religious background. This is also apparent from statements made by the affected students. However, the law prohibits students in public schools from wearing signs or clothing indicating their religious affiliation, either by themselves or by the behavior of the student.

Violations are on the rise
For months, there has been an increasing debate in France about wearing abayas in schools. Violations of secularism in schools have increased sharply in recent months, especially when it comes to abayas, Education Minister Gabriel Attal said. A decisive answer was needed; religious symbols should not have a place in schools, he justified the ban.

Since 2004, the wearing of headscarves, yarmulkes and crosses on chains has also been banned in French schools.

Source: Krone

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