Top France court dismisses appeal against abaya ban in schools

France court dismisses appeal against abaya ban in schools

On Monday, France’s highest court upheld the constitutionality of the government’s ban on the abaya, a Muslim garb.

The official ban on the abaya, a loose-fitting, full-length robe worn by certain Muslim kids in schools, was announced last month. Three organizations filed an appeal, which the Council of State said it had rejected.

The French unions for Sud Education Paris, La Voix Lyceenne, and Le Poing Leve Lycee filed an appeal against the prohibition last week.

The Council of State received an appeal from Vincent Brengarth, an attorney for the Muslim Rights Action (ADM), on August 31 asking for the suspension of the ban on the abaya, which he claimed breaches “several fundamental freedoms.”

The ADM’s appeal was denied on September 7 by the Council of State, which ruled that “this ban does not seriously violate and is not manifestly illegal to the right to respect for private life, the freedom of religion, or the right to education.”

The contentious action generated a backlash against the government, which has come under fire recently for words and actions that specifically target Muslims, such as raids on mosques and charitable organizations and a “anti-separatism” law that places severe limitations on the community.

An organization that advocates for Muslims called Action for the Rights of Muslims (ADM) filed a motion with the State Council asking for an injunction against the ban because it was deemed discriminatory and would foster animosity toward Muslims.

The State Council rejected the claim on Thursday after reviewing the proposal, noting that donning the garb “follows the logic of religious affirmation.”