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Burkini ban suspended: French court declares rule forbidding swimwear worn by Muslim women 'clearly illegal' | |
(35 minutes later) | |
France’s highest administrative court has suspended “burkini bans” being enforced on the country’s beaches, labelling them "seriously, and clearly illegal". | France’s highest administrative court has suspended “burkini bans” being enforced on the country’s beaches, labelling them "seriously, and clearly illegal". |
Three judges at the State Council (Conseil d'Etats) examined an appeal to overturn the prohibitions by the Human Rights League (LDH) and Collective Against Islamophobia in France (CCIF). | |
The initial ruling - which will be followed later by a more definitive judgement - was closely watched in France and around the world, after photos of armed police surrounding a Muslim woman as she removed her top on a beach in Nice sparked outrage this week. | The initial ruling - which will be followed later by a more definitive judgement - was closely watched in France and around the world, after photos of armed police surrounding a Muslim woman as she removed her top on a beach in Nice sparked outrage this week. |
The State Council aid in a statement the decree to ban burkinis in Villeneuve-Loubet “seriously, and clearly illegally, breached the fundamental freedoms to come and go, the freedom of beliefs and individual freedom.” | |
A tribunal in the coastal city previously ruled a burkini ban in the commune of Villeneuve-Loubet was “necessary, appropriate and proportionate” to prevent public disorder. | A tribunal in the coastal city previously ruled a burkini ban in the commune of Villeneuve-Loubet was “necessary, appropriate and proportionate” to prevent public disorder. |
Under the French legal system, temporary decisions can be handed down by the State Council before the court takes more time to prepare a judgement on the underlying legality of the case. | |
At least 15 cities, resorts and communes have implemented bans on modest swimwear this summer and many more are believed to be considering the same move. | At least 15 cities, resorts and communes have implemented bans on modest swimwear this summer and many more are believed to be considering the same move. |
None of the vaguely-worded by-laws have specifically mentioned “burkinis” – a slang term describing a range of modest swimsuits covering the hair and body – but several officials have made it clear that Muslim clothing is being specifically targeted. | None of the vaguely-worded by-laws have specifically mentioned “burkinis” – a slang term describing a range of modest swimsuits covering the hair and body – but several officials have made it clear that Muslim clothing is being specifically targeted. |
In Cannes, which was the first city to announce the prohibition, the mayor specifically alluded to the recent attacks by Isis supporters in Nice and Normandy. | In Cannes, which was the first city to announce the prohibition, the mayor specifically alluded to the recent attacks by Isis supporters in Nice and Normandy. |
The bans have since spread, sparking fierce debate about France’s secular values, women’s rights and religious freedom. | The bans have since spread, sparking fierce debate about France’s secular values, women’s rights and religious freedom. |
Following Friday's ruling by the State Council, the mayor of Sisco in northern Corsica - one of the towns to put a ban in place - said he would not lift his ban on the burkini despite the judgement. | |
Ange-Pierre Vivoni had banned the burkini after a clash on a beach in Sisco on 13 August. He told BFM-TV: “Here the tension is very, very, very strong and I won't withdraw it.” | |
The mayor conceded he doesn't know whether a woman was actually wearing a burkini the day a clash occurred that set a group of sunbathers of North African origin, from another town, against villagers from Sisco. | |
Elsewhere, Former President Nicolas Sarkozy, who is seeking the conservative nomination for the 2017 race, said he wants a law banning the burkini “on the entire territory of the Republic.” | |
But critics have compared the enforcement of the ban to repression in Saudi Arabia and Iran, arguing that governing women’s clothing is a violation of human rights in any context. | But critics have compared the enforcement of the ban to repression in Saudi Arabia and Iran, arguing that governing women’s clothing is a violation of human rights in any context. |
Some rights groups have said the new laws amount to the “collective punishment” of Muslims following the terror attacks and amid friction over immigration and the refugee crisis. | Some rights groups have said the new laws amount to the “collective punishment” of Muslims following the terror attacks and amid friction over immigration and the refugee crisis. |
Meanwhile, terror analysts have warned that the dispute will fuel jihadist propaganda as groups like Isis attempt to portray France and other Western countries as at war with Muslims. | Meanwhile, terror analysts have warned that the dispute will fuel jihadist propaganda as groups like Isis attempt to portray France and other Western countries as at war with Muslims. |
Manuel Valls, the French Prime Minister, said he was not in favour of nationwide legislation but appeared to support the law in principle by claiming the burkini was “based on the enslavement of women.” | Manuel Valls, the French Prime Minister, said he was not in favour of nationwide legislation but appeared to support the law in principle by claiming the burkini was “based on the enslavement of women.” |