Since the Minister of National Education, Gabriel Attal, announced the future ban on the abaya in schools in France, political controversy has been increasing. Some consider this long traditional tunic as an “ostentatious religious sign” contrary to secularism, while others denounce a decision against the Constitution. The leftist political party France Insumisa announced on Tuesday its intention to file a complaint with the Council of State.
What is the abaya? Why does the government want to ban it in schools?
The abaya is a traditional long robe worn over clothing that covers the entire body down to the ankles, except for the face, hands, and feet.
In Saudi Arabia, the black abaya was mandatory for women in public spaces until 2018, when Crown Prince Mohammed bin Salman deemed it not mandatory in Islam or in the country. In practice, the abaya, sometimes available in various bright colors, remains the norm.
The qamis, a very long and loose garment, is the masculine version of this clothing. It is carried in many Arab countries and some African countries.
Since his appointment to the Ministry of Education at the end of July, Gabriel Attal considered that going to school with an abaya was “a religious gesture that seeks to test the resistance of the Republic in the secular sanctuary that the school should be.” Following this logic, the minister declared on August 27 on the ‘TF1’ channel: “I have decided that you will no longer be able to wear an abaya at school”. And he explained: “When you walk into a classroom, you should not be able to tell the religion of the students by looking at them.”
The French Council of Muslim Worship (CFCM), for its part, stated in June that the abaya “is not” a Muslim religious symbol. “It’s a fashionable outfit,” said Abdallah Zekri, vice president of the CFCM, on ‘BFMTV’ on Sunday.
Haoues Seniguer, a professor at the Lyon School of Political Science and a specialist in Islamism, believes that the abaya “is much more ambivalent than a veil.” “In Arab contexts or in Gulf countries,” the abaya “is not primarily or initially a religious garment,” he noted. “The best way to know if it is religious or not is to understand the meaning that those who wear it give to this garment.”
Around 150 educational institutes affected out of almost 60,000 throughout the territory
According to Iannis Roder, director of the Education Observatory at the Jean Jaurès Foundation, “the phenomenon is limited to certain institutions and neighborhoods, but due to social media, the abaya has gone viral and has spread.”
In practice, around 150 educational institutes out of a total of almost 60,000 have been affected throughout the territory, according to a report by state services revealed on August 24 by Europe 1.
According to the same report, violations of secularism increased by 12% between the 2021-2022 and 2022-2023 school years. The use of symbols and clothing, which make up the majority of these violations, increased by more than 150% during the last school year. In total, 4,710 reports of violations of secularism in schools were registered in 2022.
What does the law say? Why does the France Insoumise party want to file a complaint with the Council of State?
According to the law of March 15, 2004, “in public schools, colleges, and high schools, the use of symbols or clothing by which students ostensibly manifest a religious affiliation is prohibited.”
A circular of May 18, 2004 clarifies that “the prohibited signs and garments are those whose use leads to immediate recognition by their religious affiliation, such as the Islamic veil, regardless of the name given to it, the kippah or a cross of obvious dimensions.
In its circular of November 9, 2022, the Ministry of National Education considers that abayas, like bandanas and long skirts, also mentioned, are garments that can be prohibited if they are worn “ostensibly to manifest a religious affiliation”. .
The circular also highlights that the State Council distinguishes between symbols or garments that manifest “by their very nature, a religious affiliation” and those that “may become” due to “student behavior.” “In both cases, they are prohibited,” he says.
Precisely, the France Insumisa party plans to file a complaint with the highest administrative jurisdiction, as announced by its coordinator, Manuel Bompard, on Tuesday, August 29.
“I will propose to our parliamentary group to file a complaint with the Council of State about this regulation, because I believe that it goes against the Constitution, in my opinion it is dangerous and cruel”, declared on the channel ‘France 2’ the deputy of Bouches- du-Rhône. According to him, this ban will result in “once again, discrimination against young women, especially those of the Muslim religion.”
“The religious authorities of the Muslim cult say that abayas are not a religious garment, so I am committed to defending secularism… I don’t see why it should be banned,” he argued, noting that he expected “something different from the Minister of Education National than simply fan fears and fantasies.
More tolerance in neighboring countries: Switzerland, Germany, Italy…
Compared to its European neighbors, France is the strictest country when it comes to the use of religious symbols in schools, as explained by ‘FranceInfo’. Several countries, such as Switzerland, Germany, are more tolerant in this regard.
The Swiss federal constitution “guarantees equality before the law, as well as freedom of conscience and belief”, as a 2017 brochure titled ‘Secularism at School’ explains. Federal law prohibits its students from wearing religious symbols, but the situation may vary depending on the canton.
For its part, the Basic Law of Germany guarantees that “freedom of belief, conscience and religion is inviolable”. Thus, students are allowed to wear religious symbols or clothing in accordance with their beliefs at school.
In Italy, secularism is not enshrined in the Constitution, but there are no general restrictions on the use of religious symbols in schools, the same as in Spain, although the country has been secular since 1978.
This article was adapted from its original in French
#Controversy #abaya #French #schools