French Court Upholds Ban On Abaya In Schools

France's top administrative court has upheld the government's ban on traditional over-garments, known as the abaya and qamis, worn by some Muslim women and men in schools. The decision, handed down by the State Council, rejected claims of discrimination and incitement to hatred put forth by the Action for the Rights of Muslims (ADM) association. President Emmanuel Macron's government had announced the ban last month, citing violations of secularism in education. This move followed a previous ban on Muslim headscarves in schools, which was justified on the grounds that they constituted a display of religious affiliation. ADM filed a motion with the State Council, France's highest court for complaints against state authorities, seeking an injunction against the ban. The association argued that the ban was discriminatory, could incite hatred against Muslims, and amounted to racial profiling. After two days of examination, the State Council rejected these arguments, asserting that wearing the abaya "follows the logic of religious affirmation." The decision was grounded in French law, which prohibits visible signs of any religious affiliation in schools. According to the council, the government's ban did not cause "serious or obviously illegal harm" to personal lives, freedom of religion, the right to education, the well-being of children, or the principle of non-discrimination. Prior to the ruling, the Council of the Muslim Faith (CFCM), established to represent Muslims before the government, expressed concerns that the ban on the abaya could lead to increased discrimination. The CFCM noted the absence of a clear definition for this garment, creating legal uncertainty. ADM's lawyer, Vincent Brengarth, argued during the court hearing that the abaya should be considered a traditional garment, not a religious one, and accused the government of pursuing political advantages with the ban. Despite the controversy, the education ministry defended the ban by stating that the abaya made its wearers "immediately recognizable as belonging to the Muslim religion," which contradicted France's secular culture. In the wake of the ban, dozens of girls were sent home from French schools on the first day of the school year for refusing to remove their abayas. Education Minister Gabriel Attal reported that nearly 300 schoolgirls defied the ban, with most eventually agreeing to change garments. However, 67 girls refused and were sent home. This ruling comes after a previous legal battle in 2016 when the State Council overturned a ban on the burkini, a long bathing suit worn by some Muslim women, in a French Riviera resort, stating that it did not pose a threat to public order. Approximately 10 percent of France's 67 million inhabitants are Muslim, with many having origins in North African countries like Algeria, Morocco, and Tunisia, which were former French colonies until the latter half of the 20th century.