Friday, August 26, 2016

The Council of State suspends anti-Burkini arrested in Villeneuve-Loubet – Le Figaro

COMPUTER GRAPHICS – The highest administrative court had been asked urgently by the League of Human Rights (LDH) and the Collective against Islamophobia in France (CCIF), which for this type of An order is “draconian”.

The decision was eagerly awaited. At 15h, the State Council decided to suspend anti-Burkini order issued on August 5 in the town of Villeneuve-Loubet (Alpes-Maritimes). The highest administrative court considered that any ban on these very opaque Islamic swimwear should be based on “known risks” to public order.

“At Villeneuve-Loubet, there is nothing to retain that risk to public order disturbances have resulted from holding passed for swimming by some people. In the absence of such risks, the mayor could take a measure prohibiting the beach access and swimming, “wrote the Council of State, recalling that” the mayor has to balance the performance of its mission policing in the municipality with respect for freedoms guaranteed by law. ” At the end of its order, the judge concludes that the challenged decree brought “a serious and manifestly illegal fundamental freedoms such as freedom to come and go, freedom of conscience and personal freedom.”

The State Council had been seized in emergency Thursday by the League of Human Rights (LDH) and the Collective against Islamophobia in France (CCIF). Both of these two associations felt that this type of order, issued in dozens of seaside towns since late July, was an “attack on freedom of conscience and religion.” Opposite, the mayors at the origin of these orders relied risk of disturbing public order, threatened in their outfits by “ostentatiously manifesting a religious affiliation.” They had particular argued the particularly tense situation on the Mediterranean coast, from Nice attack that 86 dead on July 14.

A decision that case law

” it’s a sensible decision “and” a victory of law, “quickly responded the secretary general of the french Council of the Muslim Faith (CFCM), Abdallah Zekri. It “will help to defuse the situation, which was marked by a very strong tension among our fellow Muslims, especially among women,” he added. This decision “will aim to set a precedent,” praised Mr. Patrice Spinosi, counsel for the League of Human Rights. “Yes, there is a disproportionate interference with freedom of religion and the mayor had no power to restrict this freedom,” he said.

The decision date for the thirty of French municipalities have taken similar orders, but also for the government, anxious to close a debate that festers. Speaking on Thursday for the first time on the subject, President François Hollande was careful to step forward: he called for not assign or “provocation” or the “stigma”, highlighting the ” great challenge “of” living together “in the country with the largest Muslim community in Europe.

Despite the order issued by the State Council, the Socialist mayor Sisco in Haute Corse has decided to maintain its decree “anti-Burkini” taken the day after a violent brawl between Furiani of Moroccans and villagers in the common mid-August. “I do not feel myself concerned by the decision of the State Council,” said Ange-Pierre Vivoni. “My order was not in prevention, I took it for the safety of property and people in my town, I was likely to be dead!” He said.

a New York Times

This decision of the Supreme administrative court will also be watched with interest internationally. The French controversy over where these swimwear covering the body hair ankles, was attended by the foreign press and international organizations. French justice has “the opportunity to cancel a discriminatory ban is based on, and feeds, prejudice and intolerance”, had said in a statement John Dalhuisen, director of the Europe program at Amnesty International. Photos of control Tuesday by four municipal police of a veiled woman, but not Burkini on a beach in Nice, published in a New York Times , had also sparked a huge uproar. The German press had mentioned a “war of religion” and the Mayor of London Sadiq Khan held that “nobody should dictate to women what they should wear.”

“ALSO READ : it is said that the French law on the veil

the burkini is part of a recurring debate in France on the place of Islam, glazed controversies and laws. The country was the first in Europe to ban, in 2010, the full veil in all public places. The Islamic headscarf had previously, in 2004, was banned in schools, colleges and public high schools. Municicipaux the orders made in recent weeks went further. Not to mention the term “burkini” they exigaient port on clothing ranges respectful “of morality and secularism,” but it was good Islamic swimwear that were targeted.

(with AFP and Reuters)

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