This legal victory, at the origin of a major controversy in Marrakech, will undoubtedly be debated at length for weeks to come. The city’s court of first instance has just ordered the return to class of a minor student, wishing to wear a veil to her lessons at the Victor Hugo high school, which is part of the network of the Agency of French establishments at the foreigner (AEFE, commonly called “French mission” establishments).
The schoolgirl, in third grade, was banned from classes just a few days ago, which was the source of a major controversy.
According to Assaba which relays this information this Monday, June 24, in its judgment, the Court set a penalty of 500 dirhams per day to be paid by the establishment if the schoolgirl was not admitted again. This judgment was implemented immediately.
The daily explains that this legal action was initiated by the family of the schoolgirl, after she was prevented from entering class on June 10, because of her veil.
Two hearings, over a period of 14 days, were enough for the Court to deliver its verdict, in favor of the complainant.
The teenager’s mother informed the daily that a letter from the school administration had been sent to them, explaining that because of her “wearing inappropriate clothing», a veil in this case, she had been expelled from the establishment.
The family’s astonishment was total at this decision, especially since, said the mother of this schoolgirl, other establishments that are part of the AEFE, in other cities in Morocco, do not apply similar decisions against middle school or high school girls in the same situation.
According to Assabathe family of the schoolgirl from Marrakech judged that the ban on their child from attending her classes was a decision “contrary to the principles of the Moroccan Constitution“, even though the teenager is wearing her veil, they declared, “by personal conviction“, because “it’s part of his way of being, on a daily basis».
This is why the teenager’s family took legal action to force her reinstatement in class.
According to the daily, the lawyer who defended the establishment at this trial tried to avoid a decision being taken to the disadvantage of his client, and took legal action in this type of case to against the AEFE, which includes several establishments in Morocco, such as the Victor Hugo high school.
In his pleading, the lawyer for the Victor Hugo high school also explained what motivated this ban, as well as the need for all students to wear appropriate clothing, without making any reference to the veil.
In the judgment rendered, the Court based itself mainly on the terms of the partnership concluded between the Moroccan authorities and the representatives of the AEFE, presented by the defense.
No reference is made to any ban on clothing representing the religion of school students. Even if this were the case, this provision, indicated the Court, would be illegal, because it does not meet the rules and rights applied in the country where this establishment is located.
Par Fayza Senhaji
06/23/2024 at 7:05 p.m.
