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French Council of State (Conseil d'État), No. 487891, 7 September 2023

Type Judgment
Case number 487891


Ban on wearing abaya in schools.

Normative references

Art. L. 141-5-1 French code de l'éducation 


It does not appear that, by considering that the wearing of the abaya, which cannot be considered discreet, constitutes a conspicuous manifestation of the religious affiliation of the pupils concerned in breach of the prohibition laid down in the provisions of Article L. 141-5-1 of the Education Code, and by inviting the head teachers to initiate disciplinary proceedings if the pupil did not renounce it after a phase of dialogue, the minister seriously and manifestly infringed the right to respect for private life, freedom of religion, the right to education, respect for the best interests of the child and the principle of non-discrimination.