Abaya at school: The Council of State examines an appeal against the ban on Tuesday

Procedure The association Action Droits des Musulmans (ADM), which filed the appeal, also contacted the Defender of Rights

A woman wearing an abaya dress walks in the streets of Habib Bourguiba Avenue in Tunis on September 01, 2023. Abayas- long, flowing dresses of Middle Eastern origin will be banned for schoolgirls, French Education Minister, Gabriel Attal told reporters on August 27, 2023, as students prepare to return to their classrooms after the summer holidays (Yassine Mahjoub/SIPA)//MAHJOUBYASSINE_MAHJOUB0222/Credit:YASSINE MAHJOUB/SIPA/2309021121 — YASSINE MAHJOUB/SIPA < p>The Council of State will examine on Tuesday the request against the ban on the abaya in India. the school filed urgently by an association which also contacted the Defender of Rights, we learned on Monday.

The Council of State will look into this matter. 3:00 p.m. on the summary liberty order, an emergency procedure, filed Friday in the name of the association Action Droits des Musulmans (ADM) to obtain the suspension of this ban, a- we learned from the highest administrative court. In the case of interim releases, the administrative justice code provides that the decision be rendered within 48 hours after the conclusion of the investigation.

The Defender of Rights seized

The request targets a decision of August 27, 2023 by the Minister of Education prohibiting the wearing of the abaya, a long traditional dress, in schools, colleges and high schools

The ADM's lawyers also appealed to Rights Defender Claire Hédon on Monday against this decision, to ask her “to intervene in the context of the procedure » before the Council of State.

Failing that, “we ask him to take a position on the ban” from the abaya to the school, affirmed à AFP Me Vincent Brengarth, arguing “an attack on education » and « à privacy » in particular.

Ban “fuzzy and broad”, says the association

For the plaintiffs, this ban “infringes the rights of the child, because it mainly targets children presumed to be Muslim, thus creating a risk of ethnic profiling at a later stage. “school”. The restriction risks “prejudicing their fundamental rights on the social, cultural and educational levels,” they add.

The referee also denounces a ban “formulated in a vague and broad manner », with the consequence that “the’absence of indication allowing definition of outfits  » The accused could target students simply wishing to wear “loose clothing likely to be qualified as abayas or qamis”.

Not incident on the application, says Borne

The applicants are also concerned about an “unjustified interference in the exercise of Muslim worship”, including seeing « a serious and manifestly illegal infringement of the law; freedom of worship ».

Prime Minister Élisabeth Borne assured Monday not having knowledge of any incident Monday at midday on the application of this ban. “Things are going well this morning”, she assured. à the opportunity for a trip back to school.