Why burkini swimsuits are causing controversy
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Why burkini swimsuits are causing controversy

After crackdown, top French court sets legal precedent in ruling that ban of full-body beachwear is a human rights violation

Nissrine Samali, 20, gets into the sea wearing a burkini, a wetsuit-like garment that also covers the head, in Marseille, southern France, August 4, 2016. (AP Photo, File)
Nissrine Samali, 20, gets into the sea wearing a burkini, a wetsuit-like garment that also covers the head, in Marseille, southern France, August 4, 2016. (AP Photo, File)

PARIS (AP) — France’s top court has ruled that banning burkini swimsuits violates people’s fundamental rights, setting a legal precedent after a swimsuit crackdown that elicited shock and anger in other countries. The Associated Press explains the core of the controversy:

THE ORIGIN OF BURKINIS

Burkinis, which cover the head, torso and limbs — much like a wetsuit with a hood — are a recent retail invention, not a religious requirement. An Australian woman designed the burkini to allow Muslim women to keep their bodies covered while working as lifeguards. The word combines bikini and burqa, a full-body covering with only a mesh screen for the eyes. Burkinis are rarely seen in France, though international sales reportedly have soared in response to French efforts to restrict their use.

WHY BURKINIS WERE BANNED

France is both exceptionally secular and unusually fearful of Islamic extremism following last month’s truck attack in Nice that killed 86 people and slaying of a Catholic priest during Mass in Normandy, attacks that were both claimed by the Islamic State group. While burkini defenders say wearing the garment has nothing to do with promoting bloodshed, some French mayors have said the outfits could undermine public order by making other beach-goers angry or afraid.

LIBERTE, EGALITE …

Prime Minister Manuel Valls says burkinis represent the enslavement of women. But the predominant argument against them is that the burkini violates France’s century-old commitment to secularism. The first article of the French constitution enshrines this principle, and France repeatedly has cited this secularist agenda when targeting Muslim practices that are seen to push religion too far into public life.

BACKLASH TO THE BANS

Many French Muslims said they felt stigmatized by the restrictions, while some police have complained that the new rules were too vague. Images this week that showed Nice police appearing to instruct a burkini-clad beach-goer to remove her tunic have stirred indignation online.

Human rights groups petitioned France’s highest administrative authority, the Council of State, which ruled Friday that banning the burkini violates fundamental rights. While the ruling focuses on one town, it’s expected to set legal precedent for all towns that have banned them.

Women join a demonstration organised by "Stand up to Racism" outside the French Embassy in London on August 26, 2016 against the Burkini ban on French beaches. (AFP PHOTO / JUSTIN TALLIS)
Women join a demonstration organized by ;Stand up to Racism’ outside the French Embassy in London on August 26, 2016 against the Burkini ban on French beaches. (AFP/Justin Tallis)

POLITICS WEIGHS IN

Critics say the anti-burkini crusade reflects a far-right, anti-Muslim agenda that could be a vote-winner in France’s 2017 presidential election. Most mayors targeting the swimsuits are members of former president Nicolas Sarkozy’s conservative Republicans party.

Sarkozy, who is seeking re-election, said Thursday he’d support a nationwide burkini ban. That’s similar to rhetoric from the anti-immigrant National Front party of Marine Le Pen, another presidential contender who has campaigned against what she calls the “Islamization” of France.

A LIABILITY FOR LIBERALS

Burkinis have divided French President Francois Hollande’s Socialist government, which hasn’t taken a clear position other than calling for calm. The issue poses a dilemma for the French left, a staunch defender of women’s rights worldwide. Some ministers say burkinis oppress women; others say authorities shouldn’t dictate what women wear.

THE REST OF THE WORLD

Women in Muslim countries wear a range of swimwear, from bikinis to full-length garments, reflecting their personal tastes and understanding of their faith. Burkini-style wear has generated debate in Morocco, with its large tourism industry. In Egypt, some resorts, elite clubs and restaurants ban veils entirely and the wearing of burkini outfits in swimming pools. Religious conservatives, who have been gaining ground, say such bans are enforcing Western-inspired freedoms and styles.

People, gathered for New Anti-Capitalist Party (NPA) summer meeting, hold a banner reading "Against forbidding the wearing of the burkini" as they march in front of Port-Leucate city hall to protest against the municipal ban forbidding the wearing of Burkinis, on August 25, 2016. (Raymond Roig/AFP)
People, gathered for New Anti-Capitalist Party (NPA) summer meeting, hold a banner reading ‘No to banning the burkini’ as they march in front of Port-Leucate city hall to protest against the municipal ban forbidding the wearing of Burkinis, on August 25, 2016. (Raymond Roig/AFP)

Protesters rallied Thursday in London and Berlin against the French burkini bans, and burkinis are sold by major retailers in Britain.

Copyright 2016 The Associated Press.

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