The Council of State orders a decision banning clothes demonstrating an obvious religious affiliation to be suspended.

Author (Corporate)
Series Title
Series Details 26.08.16
Publication Date 26/08/2016
Content Type

The State Council (Conseil d’Etat), France's highest administrative court, announced on the 23 August 2016 that it would consider the issue of the ban on the Islamic burkini swimsuit by several French towns after an appeal to an earlier judgment brought by the Human Rights League (LDH).

The LDH and other rights groups believed the ban was a 'serious and illegal attack on numerous fundamental rights' including freedom of religion.

The issue was considered by the Council of State on the 25 August 2016 and a provisional ruling given on the 26 August 2016. In it the Council ordered that the decision banning clothes demonstrating an obvious religious affiliation, worn by swimmers on public beaches, to be suspended. The order related specifically to the decision by the mayor of Villeneuve-Loubet (Alpes-Maritimes), although it was thought that other cities that had imposed similar bans would note the order.

A definitive ruling would be given at a later stage.

The Council of State ruled that local authorities could only restrict individual liberties if there was a 'proven risk' to public order.

The French Council of the Muslim Faith (CFCM) hailed the ruling as 'a victory for common sense'.

Following the result of the case, French Interior Minister Bernard Cazeneuve announced a 'day of consultation on the theme of French Islam', to take place on the 29 August 2016.

Source Link Link to Main Source http://english.conseil-etat.fr/Activities/Press-releases/The-Council-of-State-orders-a-decision-banning-clothes-demonstrating-an-obvious-religious-affiliation-to-be-suspended
Related Links
ESO: Background information: French court upholds Cannes burkini ban / France Corsica brawl: Mayor bans burkinis amid tensions http://www.europeansources.info/record/french-court-upholds-cannes-burkini-ban-france-corsica-brawl-mayor-bans-burkinis-amid-tensions/
France24, 26.08.16: France's top court overturns burkini ban in Riviera town http://www.france24.com/en/20160826-top-court-state-council-overturns-burkini-ban-french-riviera-villeuneve-loubet
The Local.fr, 26.08.16: France's top court suspends burqini ban http://www.thelocal.fr/20160826/frances-top-court-rejects-burqini-ban
The Guardian, 26.08.16: France's highest court suspends burkini ban in test case https://www.theguardian.com/world/2016/aug/26/frances-highest-court-suspends-burkini-ban-in-test-case
EurActiv, 26.08.16: French top court suspends burkini ban http://www.euractiv.com/section/global-europe/news/french-top-court-suspended-burkini-ban/
Politico, 26.08.16: French court strikes down burkini ban http://www.politico.eu/article/french-court-strikes-down-burkini-ban/
BBC News, 26.08.16: France burkini: Highest court suspends ban http://www.bbc.co.uk/news/world-europe-37198479
The Guardian, 28.06.16: French mayors refuse to lift burkini ban despite court ruling https://www.theguardian.com/world/2016/aug/28/french-mayors-burkini-ban-court-ruling
France: Embassy of France in the United Kingdom: News, 26.08.16: France’s top court overturns burkini ban http://www.ambafrance-uk.org/France-s-top-court-overturns-burkini-ban
Blog: LSE EuroppBlog, 01.09.16: The ‘burkini’ ban illustrates the unequal cultural power that shapes the lives of Muslims in Europe http://bit.ly/2bWTGGb
Blog: Verfassungsblog, 19.08.16: Islam on the Beach – The Burkini Ban in France http://verfassungsblog.de/islam-on-the-beach-the-burkini-ban-in-france/

Subject Categories
Countries / Regions