Muslim association fails
Paris Council of State approves abaya ban in schools
September 7, 2023, 10:22 p.m
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An Islamic organization is appealing against the ban on abayas in French schools with an urgent application. Their argument: The ankle-length throw is not a religious symbol. The highest administrative court in Paris sees it differently.
The French Council of State has confirmed the ban on long gowns in the country’s schools. Wearing the abaya, a floor-length overdress worn by some Muslim women, “follows the logic of religious belief,” said a judge at France’s highest administrative court. The decision is based on French law, which does not allow visible religious signs in schools. The French Council of State examined whether the law banning the abaya in schools complies with the constitution.
In France, state and religion are strictly separated. Since 2004, headscarves, yarmulkes and necklaces with crosses have been banned as external religious symbols in schools. Since the start of this school year last Monday, the ban also extends to abayas and long, shirt-like robes worn by young people.
The Muslim organization ADM had called for the ban to be withdrawn. She explained that it “targets primarily suspected Muslim children and carries the risk of ethnic profiling.” ADM’s lawyer had argued in court that the abaya should be considered a “traditional” garment, not a religious one. The French Ministry of Education countered that the abaya “immediately identifies the wearer as a member of the Muslim religion.” The State Council confirmed this view.
“No violation of religious freedom”
The ban on the garment does not constitute “a serious and manifestly illegal violation of the right to respect for private life, freedom of religion, the right to education and respect for the best interests of the child or the principle of non-discrimination,” the State Council said after a two-day review urgent application.
The French umbrella organization of Muslims had previously warned that the ban could lead to discrimination. The council emphasized that the abaya is “not a religious item of clothing.” Since there is no clear definition of the item of clothing, it is feared that the name and skin color of the wearer will play a role in the evaluation.