France's top court set to rule on 'burkini ban' Friday

By Hajer M’tiri

PARIS

France’s top court, the Council of State, is set to rule Friday on the lawfulness of the controversial “burkini ban” imposed in some French resort cities and towns.

The court’s deliberation comes amid a backlash by rights groups and politicians who are calling the ban on the concealing beach garment discriminatory and a violation of fundamental rights.

The chairman of the hearing, Bernard Stirn – one of three judges – said the verdict will be issued Friday at 3.00 p.m. (1300GMT).

Thursday’s court session followed an appeal by the French Human Rights League (LDH) and the Collective Against Islamophobia in France.

A court in Nice ruled Monday that a burkini ban in the town of Villeneuve-Loubet was "necessary, appropriate and proportionate" to prevent public disorder after a succession of terror attacks in France, including one in Nice on July 14.

The Nice court also said the burkini was “liable to offend the religious convictions or non-convictions of other users on the beach.”

Some rights groups, on the other hand, called the ban a serious and illegal attack on numerous fundamental rights – including freedom of religion – and have urged that the measure be scrapped amid fears Muslims are being increasingly stigmatized.

The ban has sparked anger in the country, and the row intensified after pictures emerged Wednesday of armed French police in Nice making a Muslim woman on a beach remove her long-sleeved T-shirt.

‘Rule according to the law’

Lawyer Patrice Spinosi of the Human Rights League denounced the ban as an "attack on freedom of conscience and religion," urging the judges to "recuse themselves from political controversy and rule according to the law."

"You must be the compass that indicates the path of liberties," he said, noting the likely "significant impact" of the Council of State verdict.

Lawyer Francois Pinatel, representing the city council of Villeneuve-Loubet, advocated "a special situation" within "a particular geography with extreme stress," referring to the Nice terror attacks.

The top court’s decision will have implications for the some 26 other towns that have similar decrees.

Government divisions

France’s education minister weighed in on the ban on Thursday, saying that – despite her personal aversion to the garment – prohibiting it opened a gateway to racial discrimination.

"This clears the way for racist slogans," Najat Vallaud-Belkacem told Europe 1 radio on Thursday.

"It raises the question of individual liberties,” she added.

However, French Prime Minister Manuel Valls, a longtime supporter of the ban, insisted on Thursday in an interview with BFMTV that burkinis symbolize “the enslavement of women,” but that enforcement of the bans must be handled respectfully.

On Wednesday, former center-right French President Nicolas Sarkozy, who announced this week he will seek the office again, described the burkini as a "provocation."

'Don’t tell women what to wear’

Speaking on Thursday at a joint news conference with her London counterpart Sadiq Khan, Paris Mayor Anne Hidalgo said: “The discussion is a product of media hysteria. There are more issues which are far more important in France."

Khan, London’s first Muslim mayor, has already hit out at the ban, saying no one has the right to tell women what they should wear.

The Labour politician told the London Evening Standard newspaper: “I’m quite firm on this. I don’t think anyone should tell women what they can and can’t wear. Full stop. It’s as simple as that.

“I don’t think it’s right. I’m not saying we’re perfect yet, but one of the joys of London is that we don’t simply tolerate difference, we respect it, we embrace it, and we celebrate it.”