2023-09-25 15:08:33
The Council of State once again validated, Monday September 25, the ban on the wearing of the abaya at school, rejecting a new emergency request by two associations and a union, announced the high administrative court in a press release.
“The judge of the summary proceedings notes, in view of the elements produced during the investigation, that the wearing of the abaya and the qamis within educational establishments, which gave rise to a sharp increase in the number of reports during the school year 2022-2023, is part of a logic of religious affirmation, as emerges in particular from the remarks made during the dialogues engaged with the students”, writes the Council of State. He will make a decision ” basically “ definitive “later”.
The Council of State was contacted by SUD Education, as well as by the associations La Voix lycéenne and Le Poing leva, which contested the legality of the ban, announced on August 27 by the Minister of Education Gabriel Attal. During the hearing on September 19, Judge Benoît Bohnert questioned at length the urgency of the request.
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A circular “not precise enough”
Did the applicants’ lawyer, Lucie Simon, regret a circular “not precise enough” and carrier of “discrimination” “Why, apart from the fact that we have a new minister, would we need a new circular where the minister characterizes the abaya as a religious garment, when there is no consensus on that question ? » she asked herself.
Had her colleague Clara Gandin pointed out a risk of « discrimination » ensuring that“we are removing the right from only students perceived to be Muslim to wear long and loose outfits”. “The minister is only clarifying how to interpret the wearing of the abaya in schools”replied Guillaume Odinet, director of legal affairs at the Ministry of Education.
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“Tuesday September 12 there were nine cases of wearing abaya, and five yesterday [lundi 18 septembre] »he added, believing that“there is no longer a grouped phenomenon, what happened at the start of the school year quickly returned to normal. No disciplinary sanction has been imposed for wearing the abaya, the dialogue is working well”.
In a previous appeal, the Council of State validated on September 7 the ban on the wearing of the abaya at school, considering that this garment falls under“a logic of religious affirmation”. This first action brought by the association Action Droits des Musulmans (ADM) requested the suspension of the ban in the name of a risk of infringement of rights.
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