2023-09-07 18:16:27
A summary liberty order, an emergency procedure, was filed on Friday on behalf of the association Action Droits des Musulmans (ADM). The latter requested the suspension of the ban on the abaya at school, a request examined this Tuesday by the Council of State. The latter decided. “The ban on these garments does not constitute a serious and manifestly illegal attack on a fundamental freedom,” he said in a press release on Thursday.
“The summary judge of the Council of State notes in fact 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 2022 school year- 2023, is part of a logic of religious affirmation, as emerges in particular from the remarks made during the dialogues engaged with the students,” continues the text.
“However, the law prohibits, within public educational establishments, the wearing by students of signs or outfits conspicuously manifesting, either by themselves or due to the behavior of the student, affiliation to a religion. . For these reasons, the judge of the Council of State rejects the request of the association Action Droits des Musulmans. »
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 request targeted an August 27, 2023 decision by the Minister of Education banning the wearing of the abaya, a long traditional dress, in public schools, colleges and high schools.
An “unjustified interference in the exercise of Muslim worship”
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. Failing that, “we ask him to take a position on the ban” on the abaya at school, said Me Vincent Brengarth, arguing “an attack on education” and “private life” in particular.
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 rights on the social, cultural and educational levels”, they add.
The summary also denounced a ban “formulated in a vague and broad manner”, with the consequence that “the absence of indication allowing the definition of the outfits” in question could target students simply wishing to wear “loose clothing likely to be described as ‘abayas or qamis’.
The applicants were also concerned about “unjustified interference in the exercise of Muslim worship”, seeing it as “a serious and manifestly illegal attack on freedom of worship”.
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