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France’s top administrative court overturns burkini ban
By James McAuley
August 26 at 1:12 PM ïƒ
A French ban on the full-body bathing suits — and a court’s overturning of the ban — has drawn international attention and stirred debate about religious liberty.--
— After a month of intense national scandal and heightened international outrage, France’s highest administrative court, the Conseil d’État, on Friday overturned the burkini ban in a coastal area of the south of France.
Imposed in the name of secularism, perhaps France’s most sacred ideal, the highly controversial burkini bans — currently affecting 25 French towns and cities besides Villeneuve-Loubet, which the court primarily addressed — prohibit Muslim women from wearing full-bodied bathing suits designed to respect traditional codes of modesty on the beach.
But in its Friday ruling, the administrative court concluded that the idea of a burkini ban insulted “fundamental freedoms†such as the “freedom to come and go, the freedom of conscience and personal liberty.â€
In recent weeks, a network of local mayors and officials across France passed similar bans on the Australian-born bathing suit, casting the burkini as the latest iteration of the burqa, the full-face veil that, in 2010, France became the first European country to ban outright. This 2010 law followed an earlier 2004 law prohibiting religious wear such as headscarves in public schools.
Their principal argument — similar to those employed by the authors and supporters of the previous laws — is that traditional Muslim dress somehow impedes the rights of women in the historic French Republic of liberty, equality and fraternity.
French Prime Minister Manuel Valls, for example, expressed his opposition to the burkini in nothing less than the language of human rights: the suit, he said, was a means of “enslavement.†By that logic, the French state is duty-bound to emancipate Muslim women not only from the clutches of their religion but also, by extension, from themselves.
For Christian Estrosi, an outspoken supporter of the burkini ban who runs the Provence-Alpes Côte d'Azur regional council, where a significant number of the bans were passed, Friday's decision was a contradiction of precisely those Republican values.