this post was submitted on 29 Aug 2023
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The French government's decision to ban children from wearing the abaya, the loose-fitting, full-length robes worn by some Muslim women, in state-run schools drew applause on Monday from the right, but also criticism.

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[–] [email protected] 0 points 1 year ago

The law is intentionally broad while leaving some space for interpretation in order to encompasse case that may not yet exist.

Law is like an onion. Each layer encompasses the previous one with more precise definition, while not contradicting it. In this case, the constitution protect the freedom of religion, but also separate religion from the state. Thus you are free to have one, but not to ostensibly display it in public (by that I mean in state owned) spaces.

From this point you have 2 way to say what is considered as ostensible according to said law. Application decrees, which is taken by the executive branch, and which is what was used in this case. And jurisprudence, which are the result of the judiciary branch.