Burkini Ban on Mandelieu-la-Napoule Beaches Suspended: Council of State Ruling and Freedom of Movement

2023-07-18 06:00:00

The city of Mandelieu-la-Napoule, in the south-east of France, saw its decree prohibiting the wearing of the burkini on its beaches suspended by the Council of State. This decree, repeated every year since 2012, had been challenged in court by the League for Human Rights (LDH).

The decree stipulated that the prohibition of access to the beaches to those wearing an outfit manifesting an ostensible religious affiliation, such as the burkini, had to be justified by a current and proven risk for public order, according to a press release from the France’s highest administrative court. The ban was in effect from June 15 to August 31, 2023, citing rules of hygiene, bathing safety, and the risk of public disorder.

To read: Marrakech: a Moroccan woman in a burkini victim of racist aggression by French tourists

This year, the Council of State considered that the decree violated “freedom of movement, freedom of conscience and individual freedom”. To support possible public order disturbances during the summer of 2023, the city did not mention any recent incidents, referring only to events that occurred in 2012 and 2016, as well as the general terrorist threat context post-terrorist attacks. Nice in 2016 and 2020.

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