The Council of State validates the ban on the abaya at school, deemed compatible with fundamental freedoms

The abaya will remain prohibited in French schools. Thursday, September 7, the Council of State rejected the summary proceedings filed against the ban on this long dress, decreed by the government on the eve of the start of the 2023-2024 school year. Seized urgently by the association Action the rights of Muslims, “the judge considers that the ban on wearing these clothes does not seriously and manifestly illegally violate a fundamental freedom”, details the Council of State on its website.

“In the state of the investigation, the judge considers that the ban on wearing these clothes does not seriously and manifestly illegally violate a fundamental freedom”, continues the highest French administrative court in its decision. Thus, the urgent applications judge considered that the ban on the abaya and qamis in public schools, colleges and high schools respected freedom of worship, the right to respect for private life, the right to education and respect for the best interests of the child or the principle of non-discrimination.

The Council of State also asserts the fact that “the law prohibits, within the confines of public schools, the wearing by pupils of signs or outfits manifesting in a conspicuous way, either by themselves, or because of the behavior of the pupil, a membership in a religion “. The circular filed on August 31 by Gabriel Attal, the Minister of National Education and Youth, therefore remains in force.