PARIS: France’s highest 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 of hatred.
President Emmanuel Macron’s administration recently introduced a ban on the abaya in schools, citing a violation of secularism in education. This move comes after the earlier ban on Muslim headscarves, which were seen as representing religious affiliation.
An organization representing Muslims filed a motion with the State Council, the highest court for complaints against state authorities, seeking an injunction against the abaya and the qamis, its male equivalent.
The association argued that the ban was discriminatory and could promote hostility towards Muslims and racial profiling. However, after a two-day examination, the State Council rejected these arguments, stating that wearing the abaya “conveys religious affiliation” and aligns with French law, which prohibits visible signs of religious affiliation in schools.
According to the State Council, the government’s ban does not result in “serious or unlawful harm to the respect for personal lives, freedom of religion, the right to education, the well-being of children, or the principle of non-discrimination.”
Before the ruling, France’s Council of the Muslim Faith (CFCM), established to represent Muslims in dealings with the government, expressed concerns that banning the abaya could lead to a “higher risk of discrimination” and contemplated taking the issue to the State Council, citing the lack of a clear definition of the garment and legal ambiguity.
ADM lawyer’s arguments in court
During the court hearing, the lawyer for Action for the Rights of Muslims (ADM) argued that the abaya should be viewed as a traditional garment rather than a religious one and accused the government of pursuing political gains through the ban. ADM’s president, Sihem Zine, labeled the rule “sexist” and targeted Arab girls. Still, the education ministry argued that the abaya made wearers “immediately recognizable as belonging to the Muslim religion,” contradicting France’s secular values.
On the first day of the school year, numerous French schools sent girls home for refusing to remove their abayas. While most eventually agreed to change clothing, 67 girls refused and were sent home, according to Education Minister Gabriel Attal.
In 2016, the State Council overturned a ban on the burkini, a long bathing suit worn by some Muslim women, in a French Riviera resort, stating that it did not threaten public order.
Official estimates indicate that approximately 10 percent of France’s population, totaling 67 million inhabitants, is Muslim, with many having origins in North African countries such as Algeria, Morocco, and Tunisia, which were French colonies until the mid-20th century.
