In a judgement expected to lead to bans being overturned in around 30 coastal towns, the State Council, France’s highest administrative court, ruled Friday the measure was a “serious and clearly illegal violation of fundamental freedoms”. The protest is against the French authorities clampdown on Muslim women wearing burkinis on the beach.
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The highest administrative court of France has suspended the ban on burkinis in the town of Villeneuve-Loubet, Near Nice, saying the Mayors enjoy no right to do so.
Despite the court victory, the debate was unlikely to go away. Religion and public life are strictly separated in France, which was the first European country to ban the Islamic full-face veil in 2011. “Denouncing the burkini is not calling into question individual freedom.It is denouncing deadly, backwards Islamism”. The burkini, he wrote, “is the affirmation of political Islam in the public space”.
According to officials, such bans are in response to growing terror concerns following a series of terror attacks in France.
“Apparently, the terrorist attacks in Nice were not sufficiently traumatic”, he said sarcastically at a news conference Friday afternoon, referring to the rampage by a truck driver who attacked a Bastille Day fireworks celebration on July 14, causing 86 deaths. People who had been affected or harassed because of the ban could file defamation charges against authorities or claim the money they paid in fines, he added.
In a poll by The Economist, 81% of people believe that France is wrong for imposing a ban on burkinis.
The Council of State is set to make a final decision regarding the legality of other bans at a later date. Logically the mayors should withdraw these ordinances. He suggested he would take action when Parliament returns from its summer leave – but did not say what kind of law he would seek.
The mayor of Frejus, David Rachline, told AFP that his ban was “still valid” and there was “no legal procedure” against it.
“One can not take back the harm which was caused, humiliations that were provoked”, Marwan Muhammad told reporters outside the court.
All mayors in the 30 towns that imposed the ban will be required to refund the women who have been ticketed thus far, as well as clear their criminal records.
Prime Minister Manuel Valls robustly defended the burkini ban on Thursday while some ministers criticised it, exposing divisions within the government as campaigning begins.
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.
“Far from calming, this decision can only heighten passions and tensions, with the risk of trouble we wanted to avoid”, he said.
Mr Luca, also an MP, said that now only a law can now stop troubles since mayors cannot do so.
Muslims said they were being targeted unfairly.
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The ruling by the Council of State relates to the Mediterranean resort of Villeneuve-Loubet, one of more than a dozen French towns that have imposed such bans.
