Burkinis a threat to public order? Hardly

The burkini ban on French Riviera beaches is in full force now, and starting to sow increasing discord in French society. Around 30 towns in southern France and Corsica have brought in the ban on the Islam-friendly full-body swimsuits, although so far only Cannes and Nice have actually issued fines.

Proponents of the bans say they are a necessary, appropriate and proportional response to the terrorist attacks in Nice and Paris earlier this year, although I have never seen a convincing argument for quite how fining a handful of women for being overdressed on the beach makes the world a safer place. The mayor of Cannes has described the burkini as a "symbol of Islamist extremism" and a palpable threat to public order, which is definitely pushing it. Ugly? Yes. Uncomfortable? Undoubtedly. Dangerous? Hardly.

The other main justification for the bans stems from France's long-standing, jealously-guarded (and apparently heartfelt) defence of secularism, and its opposition to public displays of religious affiliation. For example, Nice's ban specifies "correct dress, respectful of accepted customs and secularism, as well as rules of hygeine and of safety in public bathing areas". I kind of see where they are coming from on this, but dogmatic bans of this sort are not the way to approach the problem. It strikes me as an attempt to legislate some things that can't be - and indeed shouldn't be - legislated.

Another frequently-used argument, of course, is that the burkini represents the "enslavement of women", and that these poor unfortunates need to be saved from themselves. Which may well be the case in some of the more medieval parts of the Middle East, but not, I think, in France. I would prefer to give them a bit more credit for making their own decisions, and not try to micro-manage their lives for them.

Whatever the "justification" for the bans, they seem to be wildly popular in France, with 64% in favour, and another 30% indifferent (leaving all of 6% to oppose them), although the deeper-thinking political classes appear to be substantially more divided on the issue. The controversy has been fuelled by viral videos of police on Mediterranean beaches handing out fines to women clad in burkinis and, in some cases, non-burkinis (i.e. just concealing or "excessive" regular clothing, such as some people might choose to wear for medical or other reasons), and of Muslim women being forced to divest themselves of their concealing clothing. Tellingly, other videos and photos show equally overdressed Catholic nuns demonstrably not being fined.

Currently, a French human rights group and an anti-Islamophobia association are contesting the bans in France's highest administrative court (having previously failed to persuade a Nice court), on the basis that they are unconstitutional and in breach of France's laws on freedom of opinion, religion, clothing and movement. A verdict is expected later this week.

Personally, although I find the whole concept of burkas and burkinis (and religion in general, for that matter) ridiculous, banning them is even more ridiculous, and a dangerous step down a slippery slope.

UPDATE

It seems like cooler heads have prevailed. France's highest administrative court has ruled today that the burkini ban in the town of Villeneuve-Loubet "seriously and clearly illegally breached fundamental freedoms", and should be suspended forthwith. The court says it will make a final decision on the legality of the bans "later", but it seems likely that almost all the bans on burkinis will be overturned based on this precedent (although one mayor in a town in Corsica has vowed to keep the ban in place regardless).