France's Highest Court Suspends Burkini Ban in Test Case

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The judges ruled that without any risk to public order, “the emotion and the concerns arising from terrorist attacks”, especially the attack in Nice on 14 July in which a lorry driver killed 86, were “not sufficient to legally justify a ban”.

Times of Ahmad | News Watch | UK Desk
Source/Credit: The Guardian 
By Angelique Chrisafis | August 26, 2016

[TOA/AT Adopted]

“not sufficient [grounds] to legally justify a ban”

The country’s highest administrative court has suspended a ban in one Riviera coastal town, The Guardian reports.

In its ruling, the state council suspended a decree against full-body swimsuits issued by the mayor of Villeneuve-Loubet on the Côte d’Azur.

The suspension is likely to set a legal precedent for the 30 other towns that have banned the swimwear on their beaches in the past month.
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The state council ruled that the mayor of Villeneuve-Loubet did not have the right to ban burkinis. The court found that the anti-burkini decrees were “a serious and manifestly illegal attack on fundamental freedoms”, including the right to move around in public and the freedom of conscience. The judges stated that local authorities could only restrict individual liberties if there was a “proven risk” to public order. It ruled that a proven public order risk had not been demonstrated.

Crucially, the judges ruled that without any risk to public order, “the emotion and the concerns arising from terrorist attacks”, especially the attack in Nice on 14 July in which a lorry driver killed 86, were “not sufficient to legally justify a ban”.

Villeneuve-Loubet, where locals and police told media they had only seen one or two burkinis in the past two months, will have to immediately withdraw its ban.

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