The Council of State validates for the second time the ban on wearing the abaya at school

The highest administrative court considers that “the wearing of the abaya and the qamis within educational establishments (…) is part of a logic of religious affirmation”.

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A rally organized by the staff of the Maurice-Utrillo high school in Stains (Seine-Saint-Denis) to protest against the ban on wearing the abaya in schools, September 6, 2023. (MOHAMAD SALAHELDIN ABDELG ALSAYE / ANADOLU AGENCY / AFP)

The Council of State ratifies its decision. The Sages once again validated, Monday, September 25, the ban on the wearing of the abaya at school, rejecting a new emergency request, announced the highest administrative court in a press release. The Council of State was contacted by SUD-Education, as well as by the associations La Voix lycéenne and Le Poing leva, who contested the legality of the ban.

“The judge of the summary proceedings notes, in view of the elements produced during the investigation, that the wearing of the abaya and the qamis within educational establishments, which gave rise to a sharp increase in the number of reports during the school year 2022-2023, is part of a logic of religious affirmation, as emerges in particular from the remarks made during the dialogues engaged with the students”writes the Council of State.

In a previous appeal, the Council of State had validated, on September 7, the ban on the wearing of the abaya at school, considering that this garment falls under“a logic of religious affirmation”. This first action, brought by the association Action Droits des Musulmans, requested the suspension of the ban in the name of a risk of infringement of rights.


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