2023-09-04 22:11:05
The Council of State will examine on Tuesday the request against the ban on the abaya at school filed urgently by an association which has also seized the Defender of Rights, we learned on Monday.
The Council of State will consider at 3:00 p.m. the interim release, an emergency procedure, filed on Friday on behalf of the association Action Droits des Musulmans (ADM) to obtain the suspension of this ban, we learned. to the highest administrative court. In the case of summary releases, the code of administrative justice provides that the decision be rendered within 48 hours after the close of the investigation.
The Defender of Rights seized
The request concerns a decision of August 27, 2023 of the Minister of Education prohibiting the wearing of the abaya, a long traditional dress, in public schools, colleges and high schools.
ADM lawyers also seized the Defender of Rights Claire Hédon on Monday against this decision, to ask her “to intervene in the context of the procedure” before the Council of State.
Otherwise, “we ask him to take a position on the ban” of the abaya at school, told AFP Me Vincent Brengarth, arguing “an attack on education” and “on life private” in particular.
“Fuzzy and broad” ban, says the association
For the plaintiffs, this ban “infringes the rights of the child, because it mainly targets presumed Muslim children, thus creating a risk of ethnic profiling at school”. The restriction risks “undermining their fundamental social, cultural and educational rights”, they add.
The summary also denounces a prohibition “formulated in a vague and broad manner”, with the consequence that “the absence of indication allowing to define the outfits” incriminated could target pupils simply wishing to wear “loose clothes likely to be qualified as ‘abayas or qamis’.
No incident on the application, says Borne
The applicants are also concerned about “unjustified interference in the exercise of Muslim worship”, seeing in it “a serious and manifestly illegal attack on freedom of worship”.
Prime Minister Elisabeth Borne assured Monday that she was not aware of any incident Monday at midday on the application of this ban. “Things are going well this morning,” she assured during a trip to the start of the school year.
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