The Council of State confirms the ban on the abaya at school

The highest administrative court follows the logic of two decisions rendered in September 2023, when it validated in summary proceedings the ban on this long covering dress at school.

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A woman wears an abaya and a veil in a street in Chinon (Indre-et-Loire). (SERGE TENANI / HANS LUCAS / AFP)

The Council of State confirmed on Friday September 27 the ban on the wearing of the abaya at school, which according to it “ostensibly manifests religious affiliation”rejecting on the merits the requests of associations already dismissed in summary proceedings a year ago. The associations La Voix lycéenne, Le Poing leva and Action Droits des Musulmans (ADM), as well as the SUD education union, “are not justified in requesting the cancellation of the memo” of August 31, 2023, by which the Minister of Education banned the wearing of abaya or qamis type outfits in educational establishments, according to the decision rendered on Friday.

Indeed “with regard to the behavior of the students wearing these outfits, used in a logic of religious affirmation”wearing such outfits “could be considered as an ostensible manifestation of religious affiliation, prohibited by the law of March 15, 2004”explains the Council of State in a press release. He therefore judges basically that “the memo from the Minister of National Education complies with the law”. The highest administrative court follows the logic of two decisions rendered in September 2023, when it validated in summary proceedings the ban on this long covering dress at school.


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