Tuesday, August 16, 2016

Burkini ban: a stone into the sea – Liberation

Hide the excess tissue … After Cannes and Villeneuve-Loubet (Alpes-Maritimes), it is the mayors of Sisco (Corsica) and Le Touquet (Pas-de-Calais) who now want to impose on their beaches a “respectful dress code of morality and secularism” . Referred, without being explicitly mentioned: the Burkini this Islamic swimsuit

Read also Koran-compliant outfit.

bans fragile legal bases, but controversy scope warranty. Tipped to head the Foundation for Islam in France, Jean-Pierre Chevènement is hardly wets: “My position is liberty except necessity of public order” a- he weighed on Europe 1 radio, saying the mayors “founded” to take such action. Others plunge headfirst. The daniel fasquelle Sarkozy has faced no bather in Burkini in Le Touquet, but does “not wait arm dangling as if happening” .

“Rescue at Sea “

The LR mayor of Cannes David Lisnard, moderate in his political family, defends himself from extremism. His decision, he assures Libération is only intended to give to his local police “the means to intervene in case of provocations” . Since the beginning, it has had to draw seven minutes. Except for a tourist coming from the Gulf, verbalized women were all in the region. According to the election, the “Islamist outfits” , previously unknown, have appeared recently. And are indicative of the progression “of radical Islam which, step by step, trying to gain territory .”

“Security”, “secularism” “disturbing public order” and even “respect the rules of hygiene” or “rescue difficulty” : mayors fired all the arguments. Do they legally the road? The Nice Administrative Court has indeed rejected the interim application of the Collective against Islamophobia in France (CCIF), who wanted to suspend the prohibition of Burkini. But the association filed a new interlocutory and a substantive action before the administrative court.

As such, the principle of secularism is not enough to outlaw Burkini. If the veil has been banned from public space by the 2010 Law, it was because the covering of the face was a security problem. Regarding Burkini rather élusmettent them before the risk of disturbing public order. In 2014, the mayor of Wissous (Essonne) and had tried to deny access to its leisure to “people wearing ostentatious religious signs likely to cause a disturbance to public order” . Justice had given him wrong.

Calming the game

On the French Riviera, mayors LR Lionnel Luca and David Lisnard link “a particular context justifying continued the state of emergency “ after the attack in Nice. A Sisco (Haute-Corse), the PS elected Ange-Pierre Vivoni has also taken an anti-Burkini arrested for “protect the population, especially the Muslim population” . It was in this case to calm things down after a brawl in still unclear reason. Jean-Michel Ducomte law professor at Sciences-Po Toulouse, called, for its part, “distinguish the local climate of tension in Sisco context invoked by the Mayor of Cannes: the attack was unrelated to Nice with wearing a burkini and emotion of the opinion does not justify in itself an achievement measurement freedoms. ” David Lisnard argues that the risk of disturbing public order is real on the Croisette. Last summer, the incidents outfits judged “very ostentatious” had already been recorded. Beach neighbors had come to hand …

“These orders from the idea that it would become unbearable for the public to see a Muslim religious display a sign, says Stéphanie Hennette- Vauchez, a law professor at the University of Paris Ouest-Nanterre. But only made to wear this outfit it is enough to create a disturbance to public order? This is very problematic, and where? Does it stop if “ A reasoning might lead throughout the public space, in a rain stopped completely inapplicable.

read also “bathing in color, this is not practical, it is burkini release”

Alain Auffray Laure Equy


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