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‘Burkini’ Wins Over French Legal Battle, Ban Suspended
The Council of State suspended the ban in Villeneuve-Loubet, just west of Nice, saying it “seriously, and clearly illegally, breached the fundamental freedoms to come and go, the freedom of beliefs and individual freedom”.
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In response, women spoke out to reporters and across Twitter - pointing out that, despite French politicians’ attempt to cloak the ban in feminism as a way of liberating women, it was in truth another way for people to tell women what they were allowed to wear.
Burkinis cover the head, torso and limbs _ much like a wetsuit with a hood.
It is likely to set a legal precedent for 29 other towns that have banned the garment.
While rulings by the Council of State do set precedents, several mayors said they would not suspend their own bans and rights groups said they would bring them to courts, meaning more lawsuits are expected.
The mayor of Villeneuve-Loubet said he would fight the ruling.
Around 30 French towns have passed burkini bans, and police have fined Muslim women for wearing burkinis on beaches in towns including in the renowned Riviera resorts of Nice and Cannes. It prohibited the beach access to “any person that does not have a dress, respectful of morality and the principle of secularism, and respect the rules of hygiene and safety adapted swimming maritime public domain”.
Yet despite this, many social commentators believe this decision will put an end to the controversy that has highlighted the difficulties the French have in integrating its Muslim population.
The far-right mayor of Frejus, David Rachline, also insisted his ban was “still valid”, telling AFP there was “no legal procedure” against his ruling.
Prime Minister Manuel Valls has condemned any “stigmatisation” of Muslims, but maintained that the burkini was “a political sign of religious proselytising”.
Muhammad added that his group received 15 reports of discrimination against Muslim women on French beaches in the last two weeks, even though the women were in hijab and not burkini swimsuits.
Sacranie’s brand has won awards for Islamic swimwear, and plenty of non-Muslim women who simply want to be more covered up also buy her clothes, she said.
A spokesperson for Amnesty International said the court’s ruling “has drawn an important line in the sand” and that “French authorities must now drop the pretence that these measures do anything to protect the rights of women”.
The issue has created a rift in government.
The council ruled that mayors overstepped their powers by introducing the bans this month amid growing anxiety over security after a series of terrorist attacks including the Bastille Day massacre of 86 people in Nice.
The CCIF greeted the State Council’s verdict with “great relief”, condemning mayors imposing the bans for damaging national cohesion.
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In April 2011, France became the first European country to ban public wearing of the burqa, a full-body covering that includes a mesh panel over the face, and the niqab, a full-face veil with an opening for the eyes.