French burkini ban to stay despite court ruling
Beach resorts in France have refused to revoke bans on the burkini despite a court ruling that they were breaching basic human rights.
Philippe Pradal, mayor of Nice, led a rebellion by councils on the Riviera and elsewhere against the decision by the Council of State in Paris, the top administrative court. It ruled that local bans on women wearing the burkini – a three-piece swimsuit that covers the head, arms and legs – ‘‘breached the fundamental freedoms to come and go, the freedom of beliefs and individual freedom’’.
Along with nearby Menton, Frejus and Mandelieu-la-Napoule, the Nice council said that police would continue to fine women wearing body-covering swimwear until the state council confirmed the provisional ruling. Villeneuve Loubet, the town whose ban was challenged, accepted the ruling.
The bans were imposed in the aftermath of terrorist attacks on France, including the Bastille Day massacre in Nice last month. Local councils invoked old bylaws that allow mayors to impose restrictions if they believe that social unrest is looming.
Le Touquet, on the north coast, argued that its ban remained valid because it was for safety reasons. Strong currents endangered swimmers wearing loose clothing, it said. However, Daniel Fasquelle, the town’s mayor, made clear that the problem lay with what French conservatives deem to be a provocation by fundamentalist Muslims. He attacked the Socialist government for refusing to impose a national ban on the swimwear.
Manuel Valls, the prime minister, said on Saturday that the debate was far from closed after the court ruling but that the government would not legislate against it. ‘‘You can’t do what Mr Valls is doing, denouncing the burkini while refusing to legislate,’’ Fasquelle said. ‘‘There has to be a national law. It can’t be left to mayors.’’
The state council ruled that the burkini could not be banned for being a threat to public order. ‘‘The concerns arising from terrorist attacks are not sufficient to justify a ban legally,’’ it said.
The bans imposed by more than 30 coastal councils are temporary and are due to expire at the end of the summer season – midSeptember at the latest.
The debate over Muslim dress has become a leading topic in the campaign for the presidency. Nicolas Sarkozy, leader of the conservative Republicans, has promised to impose a national ban if he is elected, along with bans on the wearing of the hijab in universities and workplaces. Yesterday Alain Juppe, who is ahead of Sarkozy in the race for the party’s presidential candidacy, appealed for compromise. ‘‘We should stop pouring oil on the fire over these questions,’’ he said, adding: ‘‘I strongly disapprove of outfits that are aimed at hiding women’s bodies. Let no one claim this is about women’s liberation. It’s the imprisonment of women and we have to fight against that.’’