reactions to the Council of State’s decision
The Council of State rejected on Thursday September 7 the appeal on the ban on the wearing of the abaya at school, clothing which according to it falls under“a logic of religious affirmation”announced the highest administrative court in a press release.
Seized urgently, the judge rejected the appeal of the association Action Droits des Musulmans (ADM), which requested the suspension of this ban in the name of a risk of discrimination and infringement of rights. The Minister of National Education Gabriel Attal announced on August 27 a ban on the wearing of the abaya in public schools, colleges and high schools.
“Poverty” of motivation
Quickly after the announcement, reactions to the decision of the Council of State erupted on social networks, in particular on X (formerly Twitter).
The Minister of National Education Gabriel Attal welcomed a decision ” clear “ And “important for the school of the Republic” on X. “The vocation of the school is to welcome all students, with the same rights and the same duties, without discrimination or stigmatization”added the minister in a second tweet.
By a clear decision, the Council of State rejected the request to suspend my decision on secularism and the wearing of the abaya and qamis in schools.
This is an important decision for the École de la République.
— Gabriel Attal (@GabrielAttal) September 7, 2023
Conversely, ADM lawyer Vincent Brengarth deplored “poverty of motivation” of the decision, considering that the judge “did absolutely not take the testimonies into consideration” in “denying the traditional dimension” of the abaya.
In a press release, the French Council of Muslim Worship (CFCM) ” we acknowledged “ of this decision. But he warned about some “intolerable behavior on the part of some members of the educational body towards students of Muslim faith”repressed according to him because they carried “a kimono or a simple loose shirt and pants”.
During the hearing, the president of the ADM association, Sihem Zine, had already warned of a ban “sexist” and asserted that “It is the Arabs who are targeted”.
“Kimono” or “simple shirt”
But for the Council of State this prohibition “does not seriously and manifestly illegally affect the right to respect for private life, freedom of worship, the right to education and respect for the best interests of the child or the principle of non-discrimination ».
The judge in fact considered that wearing the abaya, a long traditional dress, or the qamis (its male equivalent) to school was part of “in a logic of religious affirmation, as is apparent in particular from the remarks made during the dialogues engaged with the students”.
Gold “the law prohibits, within public educational establishments, the wearing by students of signs or outfits conspicuously demonstrating, either by themselves or because of the behavior of the student, affiliation to a religion”recalls the jurisdiction.
On Monday, some 300 students, out of the 12 million who returned to school this week, presented themselves in abaya in front of their establishment, and 67 of them refused to remove it, according to the Minister of Education.
