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The Nice administrative court confirmed and signed. After validating the August 13 order of the mayor of Cannes banning the wearing of “burkini” on the beaches, it confirmed its position Monday, August 22 in dismissing the appeal filed by the League of Human Rights (LDH) and the Committee against Islamophobia in France (CCIF) against a similar order of the mayor of Villeneuve-Loubet
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in its decision long motivated the administrative court dismisses the arguments of LDH and the CCIF who consider that this decree violates several fundamental freedoms – those to manifest religious beliefs, dress and come and go. The court considers the contrary that in the “context” of the attack in Nice on July 14 and that of the assassination of Saint-Étienne-du-Rouvray priest July 26 “which directly targeted the Christian religion,” this ban wearing the “burkini” is “necessary, appropriate and proportionate” to avoid disturbances to public order.
He noted that “the wearing of clothing on the beaches, to display ostentatiously, religious beliefs may be interpreted as falling within the [Islamic fundamentalism] is not only likely to undermine belief or lack of religious beliefs of other beach users, but also to be felt by some as a defiance or provocation exacerbating tensions felt by the population. “
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” This dress port on the beaches continues the court, can also be seen as an expression of identity claim “ while ” regardless of religion, the beaches are not a suitable place for ostentatiously express his religious beliefs. They are not intended to be erected in place of worship and instead must remain a place of religious neutrality. “
Enter the State Council
The court added that ” while some Muslim women say they wear the “burkini “according to their own discretion to only display their religiosity,” that outfit “which aims not to expose [their] body,” can also be analyzed as “the expression of an erasure” of women and “lowering his place is not in line with their status in a democratic society”.
Unlike the two associations maintained that the mayor had a duty to maintain public order by strengthening the police force rather than taking a prohibition order affecting the freedoms, court observes that “it is not possible to further mobilize these forces appears [police], including municipal, which were and still are particularly stressed in the context of state emergency set up to deal with the attacks provoked by Islamic religious extremism “.
the LDH and the CCIF announced that they would enter the Council of State. The highest administrative court has a period of fifteen days to decide. The fuse lit in the heart of the summer by the Mayor of Cannes which resulted in several towns in its wake, is not nearly out
Read also. The municipal bylaws against “burkini” multiply