France Upholds Ban on Muslim Over-Garments in Schools

• Ban includes abayas and qamis, seen as violating secularism.
• Headscarves were already prohibited in schools for religious reasons.
• Around 10% of France’s population is Muslim, many with ties to North African countries.

France’s highest administrative court has upheld the government’s ban on traditional over-garments, such as the abaya, worn by certain Muslim women in schools. The court rejected claims that the ban was discriminatory and could incite hatred. President Emmanuel Macron’s administration announced the ban, asserting that these garments violated the principles of secularism in education. Previously, Muslim headscarves had already been banned in schools on the grounds that they represented a display of religious affiliation.

An association representing Muslims, known as Action for the Rights of Muslims (ADM), filed a motion with the State Council to challenge the ban on the abaya and the qamis (its male equivalent). ADM argued that the ban was discriminatory and could promote hatred against Muslims, as well as contribute to racial profiling. However, the State Council rejected these arguments after a two-day examination of the motion.

The State Council justified its decision by stating that wearing the abaya was seen as a form of religious affirmation, and it aligned with French law, which prohibits visible signs of religious affiliation in schools. The council concluded that the government’s ban did not violate fundamental principles, such as personal freedoms, freedom of religion, the right to education, children’s well-being, or the principle of non-discrimination.

France’s Council of the Muslim Faith (CFCM), responsible for representing Muslims to the government, expressed concerns before the ruling. They warned that banning the abaya could lead to an increased risk of discrimination and questioned the lack of a clear definition of the garment.

ADM’s lawyer argued that the abaya should be considered a traditional garment rather than a religious one and accused the government of pursuing political interests with the ban. ADM’s president criticized the rule as “sexist” and targeting Arab girls. However, the education ministry defended the ban by stating that the abaya made wearers immediately recognizable as belonging to the Muslim religion, contradicting France’s secular culture.

Recently, dozens of French schoolgirls were sent home for refusing to remove their abayas on the first day of the school year. Education Minister Gabriel Attal revealed that nearly 300 schoolgirls defied the ban, with most eventually agreeing to change their clothing. However, 67 students refused and were sent home.

In 2016, the State Council overturned a ban on the burkini, a long bathing suit worn by some Muslim women, in a French Riviera resort. The council found no threat to public order from the burkini, leading to its annulment.

Official estimates indicate that around 10% of France’s population of 67 million is Muslim, with many having ancestral ties to North African countries that were French colonies until the mid-20th century, such as Algeria, Morocco, and Tunisia.

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