France’s highest court suspends burkini ban in test case

Source: The Guardian

By Angelique Chrisafis

Suspension concerns single ban in southern town but is likely to set precedent for other places that prohibited full-body swimwear

France’s highest administrative court has suspended a ban on the burkini in a test case brought by human rights groups, pending a definitive ruling.

The ruling from the state council suspends a single ban in the southern town of Villeneuve-Loubet, near Nice, but is likely to set a precedent for other towns that have prohibited the full-body swimwear on their beaches.

Under the French legal system, temporary decisions can be handed down before the court takes more time to prepare a judgment on the underlying legality of the case.

The bans – made in the form of mayoral decrees – followed the Bastille Day attack in Nice and the murder of a priest in Normandy.

They do not explicitly use the word burkini but instead ban “beachwear which ostentatiously displays religious affiliation”, citing reasons such as the need to protect public order, hygiene or French laws on secularism.

At a hearing before the state council on Thursday, lawyers for the rights groups in the Villeneuve-Loubet case argued that the bans were feeding fear and infringe on basic freedom.

A lower court had ruled on Monday that the Villeneuve-Loubet ban was necessary to prevent public disorder.

The row over burkinis had intensified after a woman in a headscarf was photographed on a beach in Nice removing a long-sleeved top while surrounded by armed police.

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5 replies

  1. I believe that what France people concern is that people can wear what they want to wear–but do not promote a religious dressing in public place, work place etc. That is it? Muslims believe that Burqa, Burkini or Hijab, or Beard are religious things.

  2. What I believe that France people can wear freely what people want to wear—but do not promote in public the religious things that offends other people. That is it. Because Muslims believe that Burqa,Burkini,Hijab and beard are religious things.

  3. It’s ok for Nuns to chill on the beach full clothed but not Muslim females? Absolutely disgrace! Glad to hear of this being suspended!

    Mayors do mot have the right to ban burkinis. France’s highest administrative court ruled.
    The Council of State’s ruling suspends a ban in the town of Villeneuve-Loubet, near Nice, and could affect cities around the country that have prohibited the full-length swimsuit.
    I’m fascinated to hear from those decrying this decision exactly what they would do if local authorities decided to ban an item of their clothing and engaged policemen to force them to take it off in public? Hiding behind the nonsense that the burkini defies France’s secular culture is just pathetic. There is nothing outwardly religious about it as the police proved by their own incompetence yesterday in failing to distinguish burkinis from similar dress worn by women with no allegiance to Islam at all. The court has ruled quite correctly according to law. Let’s hope that’s an end to it. I am proudly a reactionary person is to defend the common good and the good of society I am in favour of Burkini in Europe

    French authorities have been criticised for imposing the ban, after photographs were published this week of police fining Muslim women wearing headscarves on beaches.

    It has speaked fierce debate on freedom of religion, women’s rights and the integration of France’s Muslim community. The ban was imposed following a series of terror attacks in France by Islamist terrorists.
    Opinion polls suggested most of the French public supported the bans, which Muslims claimed targeted them unfairly.
    John Dalhuisen, Amnesty International’s Europe Director welcomed the court’s decision.
    “By overturning a discriminatory ban that is fuelled by and is fuelling prejudice and intolerance, today’s decision has drawn an important line in the sand,” he said in a statement.
    “French authorities must now drop the pretence that these measures do anything to protect the rights of women. Rather, invasive and discriminatory measures such as these restrict women’s choices and are an assault on their freedoms of expression, religion and right to non-discrimination.”

    “These bans do nothing to increase public safety, but do a lot to promote public humiliation. Not only are they in themselves discriminatory, but as we have seen, the enforcement of these bans leads to abuses and the degrading treatment of Muslim women.

    A long time ago, in Europe, a Catholic woman had to cover her hair when entering a church. Also, before nuns were liberated, they had to wear habits! Very restrictive and ridiculous! The French then didn’t make a big deal out of it as it was A RELIGIOUS RIGHT!

    It was done by the USA when a Sikh went to court and had his right to wear a turban and a beard allowed in the US army.

    It was done by GB when it allowed Asian language studies in their classrooms.

    It was done by Australia when it enforced Hindi and Chinese language studies in their classrooms.

    It was allowed by GB when it allowed Cow worship inside Hindu temples over there.

    It was allowed in GB and other English nations, when Halal killing of slaughter animals was allowed.
    IA
    http://www.londonschoolofislamics.org.uk

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