France’s top administrative court overturns burkini ban

On Friday 26 August, France’s Council of State ruled against the burkini ban in Villeneuve-Loubet.

The ruling by the Council of State specifically concerns a ban in the Riviera town of Villeneuve-Loubet, but the binding decision is expected to set a legal precedent for all the 30 or so French resort municipalities that have issued similar decrees.

The Human Rights League (LDH) and the Committee Against Islamophobia in France (CCIF) requested that the ban be suspended, calling it “the death of liberty”.

While challenging the ban's legality to the top court, lawyers for the two human rights groups claimed that the orders infringe basic freedoms and that mayors have overstepped their powers by telling women what to wear on beaches.

Mayors had justified the ban on grounds of concern about public order after deadly extremist attacks this summer, and many officials have argued that burkinis oppress women.

“There is nothing to prove that public order is at risk in Villeneuve-Loubet as a result of the outfit certain people choose to wear,” the Council of State said in a statement. “In the absence of such risks, the mayor cannot take measures to prohibit access to the beach or swimming areas.”

Lawyer Patrice Spinosi, representing the Human Rights League, told reporters that the decision should set a precedent, and that other mayors should conform to it. He also said women who have already received fines can protest them based on Friday's decision.

However, the mayor of Sisco, Ange-Pierre Vivoni, in northern Corsica, reportedly said he won't lift his ban on the burkini despite the ruling.

The ban sparked international shock and anger, which peaked after images surfaced of a Muslim woman surrounded by four armed policemen, being forced to remove her garment.