Urgently referred by an association, the summary judge of the Council of State rejects the summary judgment against the ban on the wearing of the abaya or qamis within the confines of public schools, colleges and high schools. In the current state of the investigation, the judge considers that the ban on the wearing of this clothing does not constitute a serious and manifestly illegal attack on a fundamental freedom.
By a circular dated August 31, the Minister of National Education and Youth indicated that wearing the abaya or qamis within public schools, colleges and high schools constituted an ostensible manifestation of belonging. religion prohibited by article L.145-5-1 of the education code, resulting from the law of March 15, 20041. The association Action Droits des Musulmans asked the judge of the Council of State to urgently suspend this circular.
The summary judge, seized on the basis of the “interim-liberty” procedure of article L. 521-2 of the code of administrative justice, considers, in the state of the investigation, that this ban does not affect a serious and manifestly illegal attack on the right to respect for private life, freedom of worship, the right to education and respect for the best interests of the child or the principle of non-discrimination.
The summary judge of the Council of State notes in fact 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 2022-2023 school year , is part of a logic of religious affirmation, as is evident in particular from the remarks made during the dialogues engaged with the students. However, the law prohibits, within public educational establishments, the wearing by students of signs or outfits conspicuously demonstrating, either by themselves or because of the behavior of the student, affiliation to a religion.
For these reasons, the judge of the Council of State rejects the request of the association Action Droits des Musulmans.
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