The Court of Cassation has affirmed the government’s prohibition on students in public schools from wearing the abaya, a long robe-like garment often worn by Muslim women. This decision, which has raised concerns among rights groups, is seen as potentially exacerbating discrimination.
The court stated in a press release, “As things stand, the judge considers that the ban on wearing these garments does not constitute a serious and manifestly illegal infringement of a fundamental freedom.” The legal basis for the ban dates back to a 2004 law that prohibits the display of “conspicuous” religious symbols in French schools.
The court argued that wearing the abaya “was part of a process of religious affirmation, as shown by the comments made during discussions with students.”
The challenge to the ban was filed last Friday, and arguments from both sides were heard on Tuesday. Action Droits Des Musulmans (ADM), the Muslim rights group behind the appeal, contended that the ban violates “fundamental rights,” such as personal freedom. Vincent Brengarth, the group’s lawyer, argued before the hearing that the ban had been imposed arbitrarily, lacking a legal definition of what constitutes an abaya.
Following the court’s ruling, ADM expressed disappointment, stating that the court had failed to protect children’s fundamental freedoms, their access to education, and their privacy without discrimination. ADM also voiced concerns about potential daily discrimination, dress interrogations, trauma, and harassment that young girls could face, hindering their education and success in school.
French Education Minister Gabriel Attal praised the court’s decision, emphasizing the importance of welcoming all students to schools without discrimination or stigmatization.
French President Emmanuel Macron has defended the ban, stating that it does not stigmatize anyone but targets those who advocate for the abaya. France has implemented a series of controversial restrictions on clothing associated with Muslims in recent years, which has sparked criticism from Muslim-majority countries and international rights organizations.
Last year, lawmakers approved a ban on wearing the hijab and other “conspicuous religious symbols” in sports competitions, citing safety concerns for athletes wearing the hijab during sports activities. In 2018, the United Nations Human Rights Committee declared that France’s earlier ban on the niqab, a full-face veils worn by some Muslim women, violated the human rights of those who wore it.