Burkini ban to be tested in French courts

France’s highest administrative authority is studying whether local bans on full-body burkini swimsuits are legal, amid growing concerns in the country and abroad about police forcing Muslim women to disrobe.

Images of uniformed police appearing to require a woman to take off her tunic, and media accounts of similar incidents, have elicited shock and anger this week.

Some fear burkini bans in several French towns are worsening religious tensions. The bans, based on the strict application of secularism policies, have exposed division within the government.

Prime minister Manuel Valls told BFM television that burkinis represent “the enslavement of women” and reiterated his support for mayors who have banned them.

However, education minister Najat Vallaud-Belkacem, a feminist with North African roots, said that while she does not like the burkini, bans of the garment are politically driven and are unleashing racist sentiment.

“My dream of society is a society where women are free and proud of their bodies,” she said on Europe-1 radio. But with tensions in France high after a series of deadly Islamic extremist attacks, she added: “We shouldn’t add oil to the fire” by banning burkinis.

Critics of the local decrees have said the orders are too vague, prompting local police officials to fine even women wearing the traditional Islamic headscarf and the hijab, but not burkinis.

Mr Valls, while stressing his opposition to the burkini, urged police to implement the bans fairly and respectfully.

Two human rights groups, arguing that the bans are discriminatory, have appealed to the Council of State to overturn the measures.

The council held a hearing in the case yesterday and is expected to rule within 48 hours. The ruling specifically concerns a ban in the Riviera town of Villeneuve-Loubet, but the decision will be binding and set legal precedent.

The Human Rights League and the Collective Against Islamophobia in France say the mayor’s decree violates basic freedoms of dress and religious expression.

The Villeneuve-Loubet order bars from local beaches any people whose garments do not respect the principles of secularism, health and safety rules, and good moral standards. Like other local decrees, the Villeneuve-Loubet ban does not explicitly mention the word ‘burkini’.


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