Following an emergency appeal by an association, the Conseil d’État rejected an application for interim measures against the ban on wearing the abaya or qamis in public schools. Based on the state of the investigation, the judge considered that the ban on wearing these garments did not seriously and blatantly violate a fundamental freedom.

In fact, in a circular dated 31 August (https://www.rivistadirittoereligioni.com/en/newsfrancia-divieto-dindossare-labaya-a-scuola/), the Ministre de l’éducation nationale et de la jeunesse stated that wearing the abaya or qamis in schools and public establishments constitutes a blatant manifestation of religious affiliation prohibited under ar. L.145-5-1 of the Code de l’éducation, promulgated by the law of 15 March 2004. The association “Action droits des Musulmans” asked the Conseil d’État to suspend the circular under an emergency procedure.

The judges of Palais-Royal, however, hearing the case on the basis of the ‘référé-liberté’ procedure under Article L. 521-2 of the Code de justice administrative, considered, on the basis of the state of the investigation, that the ban did not seriously and manifestly violate the right to privacy, freedom of religion, the right to education, respect for the best interests of the child or the principle of non-discrimination.

The Conseil d’État therefore preliminarily noted that the use of the abaya and the qamis in schools, which gave rise to a sharp increase in the number of reports during the 2022-2023 school year, is part of a process of religious affirmation, as reflected in the comments made during discussions with pupils.

Since, however, the law prohibits pupils from wearing signs or clothing that clearly show their membership of a religion, the appeal by the Association “Action droits des Musulmans” was rejected.