2023-09-05 22:28:56
Seized by the association Action the rights of Muslims (ADM), the Council of State looked, Tuesday, September 5, for nearly two hours on the ban on the abaya. The ADM denounces a « discrimination » racial and sexist, and sees in this ban a “violation of the rights of the child”. At the end of the hearing, the judge in chambers specified that the decision of the Council of State will be rendered “within forty-eight hours”.
Much of the debate has revolved around the religious significance of the garment. “‘Abaya’ means ‘dress’, ‘cloak'”launched ADM lawyer Vincent Brengarth, pointing out that the French Council for Muslim Worship (CFCM) “recalled quite categorically that the abaya could not be considered a religious but traditional garment”.
“The subject is not whether Islam prescribes the wearing of this garment” more “The abaya immediately makes the wearer recognize as belonging to the Muslim religion”retorted Guillaume Odinet, director of legal affairs for the Ministry of Education.
At the heart of the debates: the decision taken on August 27 by the Minister of National Education, Gabriel Attal, to ban the wearing of the abaya in public schools, colleges and high schools, with a note to the heads of establishments.
For the association, there is “an evolution in relation to existing law”. The ADM also deplores the absence of a precise definition of the abaya. But for the ministry “there is no ambiguity” on this garment, in a context of “extremely strong demand” headteachers.
Intervening several times during the hearing, the president of the ADM, Sihem Zine, estimated that “this circular [était] sexist, it only targets girls”. “It’s the Arabs who are targeted, that’s the real debate”, she added. The CFCM also expressed concern on Tuesday about “high risk of discrimination”stating in a press release that it ” reserves the right “ to seize the Council of State on this subject.
As 12 million students returned to school this week, Me Brengarth lamented a “willingness to make a sort of political battle horse” of this subject “while it is residual”. Many, on the side of the unions, have also regretted for a week that the subject obscures the difficulties of national education in the media.
Monday, back to school day, of the 6.4 million schoolchildren, 3.4 million middle school students and 2.2 million high school students, 298 students showed up at their school in abaya despite the ban, according to Mr. Attal, And “67 did not accept” to remove it and “went home”.
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Instructions to prosecutors for a criminal response
In a directive dated Tuesday to prosecutors, Justice Minister Eric Dupond-Moretti called for “a very reactive criminal response” in the event of a breach of the principle of secularism in schools. In its circular, the Chancellery also requests that “a firm, rapid and systematic response to offenses committed against teachers and national education staff”.
According to a note from the state services, of which Agence France-Presse obtained a copy, attacks on secularism, much more numerous since the assassination of Samuel Paty in 2020, increased by 120% between the school years 2021 -2022 and 2022-2023.
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The subjects of the veil or outfits linked to religious affiliation have been regularly in the news since 1989 and the Creil affair, when three young veiled girls were expelled from their college. In 2004, the law prohibited the wearing of signs or outfits demonstrating “ostensibly” religious affiliation and, in 2010, the banning of the full veil caused international controversy. In 2016, the Council of State had suspended a decree against the burkini taken by the city of Villeneuve-Loubet for lack of “proven risks” for public order.
Read also: What is the abaya, the garment that Gabriel Attal wants to ban at school?
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