France has banned the Abaya, a long, loose-fitting garment, from being worn in its public schools in view of the larger policy of secularism in the country, where a hard separation between the Church and the State is observed. Education Minister Gabriel Attal said in an interview, “When you walk into a classroom, you shouldn't be able to identify the pupils' religion just by looking at them.” Nearly 300 girls showed up on Monday morning (September 4) wearing abayas, a week after the ban was announced. Most agreed to change their clothing, but 67 refused and were sent home, Attal said, according to the news agency AFP. A challenge to the ban via a petition to the apex court of the country also failed on Thursday, when it ruled that the ban was not a “serious and obviously illegal infringement of a fundamental freedom,” according to a New York Times report. What is the Abaya? A loose-fitting dress, the Abaya is worn by women. “The aba (or abaya) was of ancient origin and is mentioned in the Bible as the attire of Hebrew prophets,” according to Encyclopaedia Britannica. As per a Le Monde report, it is similar to some other free-flowing garments that are worn in parts of Africa and West Asia. Over the years there have been variations in its designs, with open Abayas worn on top of long skirts and pants and styles being made available in lighter colours. While associated with some regions of the world, Abaya is also described as clothing specific to Muslim women and draws comparisons to the Burqa (which is similar but also has a veil for the face) and the Chador (which is tied slightly differently). The garment has been common among women in Saudi Arabia, where conservative dressing in public is strictly enforced. As part of a bid to present a more ‘liberal’ image of his country to the world and diversify the economy through a push for sectors like tourism, Saudi Arabian Crown Prince Muhammed Bin Salman said in 2018, “The laws are very clear and stipulated in the laws of sharia (Islamic law): that women wear decent, respectful clothing, like men… This, however, does not particularly specify a black abaya or a black head cover. The decision is entirely left for women to decide what type of decent and respectful attire she chooses to wear.” Why does France not allow religious clothing? The idea of secularism, of a separation between religious institutions and organs of the government, is unique in its implementation. It has its origins in the French Revolution, which championed values of liberty, equality and fraternity. The role that religion might then play in public life, interfering with liberty, was seen with suspicion. Based on this principle, a law came into place in 2004. It said, “.the wearing of signs or outfits by which students ostensibly show a religious affiliation is prohibited.” This did not mention specific clothing items but was interpreted as a ban on headscarves, caps like the Jewish Kippah and large Christian crosses. A DW report described how public schools function in France, saying, “Schools do not offer religious education classes, there are no public nativity plays, and Boxing Day is not a public holiday. Companies are also allowed to ban employees wearing headscarves.” Following immigration into France from countries outside Europe in recent years, such issues have come up from time to time and often become contentious. Critics argue that they constitute policing of women's right to choose what they want to wear in particular, making it difficult for women from conservative backgrounds to participate in public life. In 2010, a law banned any covering of faces by clothing in public, except when travelling as a car passenger or visiting a place of worship. Last year, France’s highest administrative court upheld a ban on the full-body covering swimsuit known as burkini (from the words burqa and bikini) in the city of Grenoble. If the law has existed since 2004, why ban the Abaya now? The law doesn't mention particular items of clothing. Therefore, whether certain clothes should be allowed or banned and can strictly be called religious clothing (instead of being specific to a culture at large) has been a grey area. In a recent news conference, Education Minister Attal said: “Our schools are continually put under test, and over the past months, breaches to laïcité (meaning secularism) have increased considerably, in particular with [pupils] wearing religious attire like abayas and kameez.” French media organisation Le Monde reported it had seen a recent government memo on rising “breaches of secularism in schools” over the past year. In 2022-2023, 4,710 cases were reported when compared with 2,167 the previous year and over 40% of monthly reports now concern clothing that may be both cultural and religious – such as the kameez or djellaba for men, or the abaya for women. These reports concern around 150 schools, Le Monde’s report said. In 2020, Attal wrote in Politico, following some terror attacks in the country, addressing the criticism against the government’s secularism policies. “France does not promote secularism as a religion. It promotes secularism to protect all religions. If it seems extremist to promote freedom of speech and religious freedom: we plead guilty. France’s liberty of expression is the basis for dialogue, free thought, and democracy. These principles are not dangerous – and they are not negotiable,” he wrote. A recent Politico report also noted that President Emmanuel Macron’s liberal Renaissance Party now appears more willing to reach out to conservative parties. It links this to their defeat in the 2022 Parliamentary elections, where both left-wing and right-wing coalitions made electoral gains. “Those conservatives, who have called for the ban on religious symbols to be extended to universities, predictably hailed the decision. Even the far-right National Rally [party] — which typically keeps it distance from the Macron administration — saluted the government’s move,” Politico said.
