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August 27, 2016

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French court overturns ban on burkinis

FRANCE’S top administrative court yesterday overturned a ban on burkinis in a Mediterranean town, in a decision that should set a legal precedent regarding a swimsuit crackdown that has divided the country and provoked shock around the world.

The ruling by the Council of State specifically concerns a ban on the Muslim garment in the Riviera town of Villeneuve-Loubet, but the binding decision is expected to impact all the 30 or so French resort municipalities that have issued similar decrees.

The bans grew increasingly controversial as images circulated online of some Muslim women being ordered to remove body-concealing garments on French Riviera beaches.

Lawyers for a human rights group and a Muslim collective challenged the legality of the ban at the top court, saying the orders infringe on basic freedoms and that mayors have overstepped their powers by telling women what to wear on beaches.

Mayors had cited multiple reasons for the bans, including security after a string of Islamic extremist attacks.

The Council of State ruled that, “The emotion and concerns arising from the terrorist attacks, notably the one perpetrated in Nice on July 14, cannot suffice to justify in law the contested prohibition measure.”

It ruled that the mayor of Villeuneuve-Loubet overstepped his powers by enacting measures that are not justified by “proven risks of disruptions to public order.”




 

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