France’s highest administrative court is set to make a landmark ruling on Thursday, determining the legality of a recent school ban on abayas, traditional over-garments worn by some Muslim women. The ban, which was introduced by President Emmanuel Macron’s government last month, is grounded in the argument that it infringes upon the principles of secularism in education. This comes on the heels of previous bans on Muslim headscarves, which were deemed as displays of religious affiliation.
The legal challenge against the ban was filed by an association representing Muslims, known as Action for the Rights of Muslims (ADM), with the State Council, France’s highest court for complaints against state authorities. ADM asserts that the ban is discriminatory and has the potential to incite hatred against Muslims while fostering racial profiling.
The State Council, which has been deliberating on ADM’s motion since Tuesday, is scheduled to issue its ruling on Thursday, shedding light on whether this controversial ban will stand.
France’s Council of the Muslim Faith (CFCM), an organization established to represent Muslims in dealings with the government, has also voiced concerns regarding the ban on abayas. They warn that such a move could heighten the risk of discrimination and are considering their own complaint before the State Council. CFCM also highlighted the ambiguity surrounding the definition of the abaya, leading to legal uncertainty.
Vincent Brengarth, the lawyer representing ADM, argued during the court hearing that the abaya should be considered a traditional garment rather than a religious symbol. He accused the government of pursuing a political agenda with the ban.
ADM’s president, Sihem Zine, criticized the rule as “sexist,” as it appears to specifically target girls and people of Arab descent. Meanwhile, the education ministry contends that the abaya easily identifies its wearers as belonging to the Muslim faith.
The implementation of the ban has already led to numerous incidents in schools across France. On the first day of the school year, dozens of girls were sent home for refusing to remove their abayas. Education Minister Gabriel Attal reported that nearly 300 schoolgirls defied the ban, with most eventually agreeing to change their garments. However, 67 girls refused and were subsequently sent home.
This legal battle over the abaya ban comes years after a similar controversy over the burkini in 2016. In that case, the State Council overturned a ban on the full-body swimsuit, citing a lack of threat to public order.
Approximately 10 percent of France’s 67 million inhabitants are Muslim, according to official estimates. A significant portion of the Muslim population in France traces its origins to North African countries, including Algeria, Morocco, and Tunisia, which were formerly French colonies until the mid-20th century. The forthcoming ruling by the State Council is expected to have wide-reaching implications for the relationship between religious freedom and secularism in French society.
