France court has supported the government’s decision to stop Muslim women from wearing long and loose traditional gowns or abaya ban in public schools. They said that complaints about this rule being unfair and causing dislike between people are not valid.
On September 7, 2023, France’s top administrative court, the State Council, upheld a government abaya ban in public schools. The ban was challenged by a Muslim rights group, Action Droits Des Musulmans (ADM). Which argued that it was discriminatory and violated the right to personal freedom. However, the State Council rejected these arguments, saying that the ban was necessary to uphold France’s principle of secularism, or laïcité.
ADM’s lawyer, Vincent Brengarth, said the abaya should be considered a traditional garment, not a religious one. And the government was trying to use the ban for political advantage. The ADM president, Sihem Zine, said the rule was “sexist.” In addition, it singled out girls and targeted those of North African or African heritage.
The State Council said that the abaya “follows the logic of religious affirmation”. And that it could “create a climate of pressure and exclusion” in schools. It also said that the ban did not violate the right to education. Moreover, students could still attend school without wearing the abaya.
History of This Rule
The abaya ban is part of a broader effort by the French government to limit the public expression of religious faith. In 2004, France banned the wearing of all religious symbols in public schools. Including the hijab, a headscarf worn by some Muslim women. In 2010, the government banned the niqab, a face-covering veil worn by some Muslim women.
The abaya ban has been criticized by some human rights groups. Who says that it is discriminatory and violates the right to religious freedom? However, the French government has defended the ban. Saying that it is necessary to uphold the principle of secularism and to protect French values.
The abaya ban is likely to continue to be a controversial issue in France. It remains to be seen how the ban will be implemented and enforced. In addition, it will affect Muslim students in French schools.
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