The Council of State considered the ban on the abaya in schools on Monday, September 9, examining the merits of the requests from associations that had been dismissed in summary proceedings a year ago.
The public prosecutor called for the rejection of the appeals filed by the associations La Voix lycéenne, Le Poing élue and Action Droits des Musulmans (ADM), as well as the SUD éducation union.
They are asking to annul for abuse of power a decision of August 31, 2023, by which the Minister of Education banned the wearing of the abaya in schools.
In September 2023, the question of whether or not the abaya, a long covering dress, was religious dominated the debates before the Council of State.
The ban validated in summary proceedings
“This argument is reminiscent of the debate on the veil” but in the name of the principle of secularism, “today as yesterday it is not up to you to decide”, affirmed the public rapporteur, Jean-François de Montgolfier. “The question is: does wearing the abaya ostentatiously manifest religious affiliation?”, which is prohibited by the 2004 law, he added.
The rapporteur also considered that the ban is not discriminatory “if applied indiscriminately”. The decision will be made at a later date.
In September 2023, the Council of State had validated in summary proceedings the ban on the abaya in schools, which according to it carried a “logic of religious affirmation” prohibited in educational establishments. The ban “does not seriously infringe” on individual rights, the judge also considered.
The case had been widely publicized, as 300 students, out of the 12 million who started school this week, showed up in September 2023 wearing an abaya in front of their school.
- BFMTV.com
