Mayors do not have the right to ban burkinis, France’s highest administrative court ruled Friday. The Council of State’s ruling suspends a ban in the town of Villeneuve-Loubet, near Nice, and could affect cities around the country that have prohibited the full-length swimsuit.
More than 30 French towns have banned burkinis, which cover the whole body except for the face, hands and feet. Officials say banning the burkini -worn mostly by Muslim women- is a response to growing terror concerns and heightened tensions after a series of terror attacks.
Human rights activists argue that burkini bans are illegal, and that pushes to outlaw the garment are Islamophobic. They hailed Friday’s ruling as a significant step.
“By overturning a discriminatory ban that is fueled by and is fueling prejudice and intolerance, today’s decision has drawn an important line in the sand,” Amnesty International Europe Director John Dalhuisen said in a statement.
But it’s unclear how other towns with burkini bans will respond to Friday’s decision. If mayors continue to enforce and enact such decrees, they could face similar legal challenges.
No matter what, battles over the burkini in the court- and in the court of public opinion-are far from over.
Friday’s decision was an initial ruling by the Council of State while it continues to prepare its more detailed judgment on the legal issues in the case.
Meanwhile, French Prime Minister Manuel Valls has said he supports banning burkinis. And former French President Nicolas Sarkozy, who plans to run again for president, has said he would immediately enact a national ban of the swimsuits.
Critics of the bans say they discriminate against the women they claim to protect.
“These bans do nothing to increase public safety, but do a lot to promote public humiliation,” Dalhuisen said. “Not only are they in themselves discriminatory, but as we have seen, the enforcement of these bans leads to abuses and the degrading treatment of Muslim women and girls.”