Abaya ban back under scrutiny

And here is the subject of the wearing of the abaya before the courts again. Just one year after the adoption of a circular banning the wearing of traditional Muslim clothing in schools, the Council of State is examining, on Monday, September 9, in the litigation section, several appeals filed against the measure.

The unions La Voix lycéenne and Sud Éducation, as well as the association Action droits des musulmans, are asking the judge to annul for abuse of power the service note of August 31, 2023 prohibiting the wearing of the abaya but also of the qamis, worn by boys, in public schools, colleges and high schools.

Sharp increase in reports

The measure had been decided by Gabriel Attal, who had just been appointed Minister of National Education in July. He succeeded Pap N’Diaye, whom the right and part of the majority accused of procrastinating on the issue.

Based on worrying feedback from the field, the young minister had chosen the path of firmness. A note from the State services noted that during the 2022-2023 school year, 4,710 reports of attacks on secularism had been recorded. That is 120% more than in 2021-2022. “Our school is tested”affirmed Gabriel Attal, on August 24, 2023, in front of the academy rectors, gathered at the Sorbonne. Faced with these “attacks” and to “attempts at destabilization”he announced an answer ” farm “.

A few dozen refusals

After the circular was sent, the start of the school year finally went off without too many difficulties. Around 300 students showed up in abaya and only a few dozen did not agree to remove it. But it was before the courts, already, that left-wing or Muslim organizations had started the response. Seized twice by summary proceedings (urgent), the Council of State had however not followed the applicants.

The administrative judge noted that “the port of the abaya and the qamis within educational establishments, which gave rise to a sharp increase in the number of reports during the 2022-2023 school year, is part of a logic of religious affirmation, as is particularly evident from the comments made during the discussions initiated with students”.

He therefore considered that the ministry had not “inaccurately described the wearing of the abaya or qamis in educational establishments” like a “conspicuous manifestation of religious affiliation”.

The minister was justified in reacting, but is the ban excessively prejudicial to freedoms? The court specified that this legal debate is not closed, the case must be judged on its merits. “The Council of State will make a final decision later, following a thorough investigation,” the institution specified. This Monday’s hearing will thus allow the applicants’ arguments to be heard as well as the conclusions of the public rapporteur.