The Human Rights League and the Collective Against Islamophobia in France say the Villeneuve-Loubet mayor’s decree violates basic freedoms of dress, religious expression and movement.
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“Today the state of law is that these ordinances are not justified”.
The State Council gave the ruling on Friday following a request from the League of Human Rights to overturn the ban in the Mediterranean town of Villeneuve-Loubet on the grounds it contravenes civil liberties.
She said those who wear a burkini are being accused of hatred and crime when all they are trying to do is enjoy themselves on the beach.
The ruling is likely to set a precedent for around 30 French towns which have banned the burkini, mostly along the south-east coast. Logically the mayors should withdraw these ordinances.
The court has said a final decision on the nationwide legality of the bans will come later in the year.
The ruling reverses a lower court decision that upheld the ban.
“One can not take back the harm which was caused, humiliations that were provoked”, Marwan Muhammad told reporters outside the court.
“I think it’s ridiculous”, event organizer Fariah Syed said of the burkini ban. Vallaud-Belkacem, a feminist with North African roots, argued that while she doesn’t like the burkini swimsuit, banning the garment amounted to a politically driven act that encouraged racism.
Following the result of the case, Interior Minister Bernard Cazeneuve announced a “day of consultation on the theme of French Islam”, to take place on Monday, August 29th.
“The decision could be translated into other spaces of law”, Spinosi said. He denounced a “rampant Islamization” in the country and said that, with Friday’s ruling, “they’ve gained a small additional step”.
In 2011 France became the first European country to ban the burka, the niqab and other full face and body coverings worn by some Muslim women.
The photograph of French police armed with guns, batons and pepper spray standing round as the woman removed a headscarf and matching top has gone viral on social media.
But the mayor of Sisco, in northern Corsica, has said he will not lift his ban.
Former president Nicolas Sarkozy who this week launched his bid to regain the presidency, has described the burkini as a “provocation”.
It has also made French cultural identity a hot-button issue along with security in political debates as the country switches into campaign mode ahead of a presidential election next April.
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Amnesty International praised the court decision Friday, calling the local decrees “invasive and discriminatory” and saying their enforcement has led to “abuses and the degrading treatment of Muslim women and girls”.
