French High Court Upholds Ban on Abaya Dress in Schools

France's highest court, the Conseil d'Etat, has upheld the government's ban on the abaya Muslim dress for women in schools. This decision comes after the Action for the Rights of Muslims (ADM), an organization representing Muslims, sought an injunction against the ban, arguing that the abaya is a cultural garment rather than a religious symbol.

Stuttgart – France’s highest court, the Conseil d’Etat, has upheld the government’s ban on the abaya Muslim dress for women in schools. This decision comes after the Action for the Rights of Muslims (ADM), an organization representing Muslims, sought an injunction against the ban, arguing that the abaya is a cultural garment rather than a religious symbol.

The government introduced the ban on abayas in schools last month, asserting that it was necessary to maintain secularism in education, a principle that has previously led to the prohibition of Muslim headscarves. These measures are intended to reinforce the separation between the state and religion in France.

Vincent Brengarth, a lawyer with the Paris Bar Association, criticized the ban, stating that it lacks a legal basis and appears to be a politically motivated move by the Ministry of Education, timed to coincide with the start of the new school year. He also pointed out that the abaya’s precise definition is unclear, and it is considered by some to be a non-religious garment.

Education Minister Gabriel Attal revealed that on Monday morning, 300 girls arrived at schools wearing abayas, and 67 of them refused to change out of the dress, resulting in their dismissal from school.

President Emmanuel Macron defended the controversial measure, emphasizing the need to address individuals who “misuse religion to challenge the republic and secularism.” He cited the tragic murder of teacher Samuel Paty three years ago, who was killed for showing caricatures of the Prophet Muhammad during a civics education class, as an example of the severe consequences of extremism.

France’s legislation on this matter dates back to March 2004 when the country enacted a prohibiting “the wearing of signs or outfits by which students ostensibly display a religious affiliation” in schools. This includes large crosses, Jewish kippas, and Islamic headscarves. Abayas, unlike headscarves, have remained in a gray area and faced no outright ban until now.