Key trial challenges legality of French ban on veils in public places


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VERSAILLES, FRANCE // A key trial begins today in France with the lawyer for a young woman, whose arrest for wearing a full-face veil sparked riots, challenging the legality of a ban on the Islamic face-covering in public places.

The court in Versailles, outside Paris, will hear arguments from the lawyer of Cassandra Belin, 20, that the ban on the veil -- in place since 2011 -- is discriminatory and unconstitutional.

But Ms Belin herself will not attend the hearing. “She does not want to be wrongly perceived as the symbol of a supposed rampant Islamisation,” Ms Belin’s lawyer, Philippe Bataille, said.

Ms Belin, who converted to Islam at the age of 15, was stopped by police in the town of Trappes, west of Paris, on July 18 -- during the Muslim Ramadan fasting period -- for wearing the veil in public.

An altercation ensued and her husband Michael Khiri was arrested, accused of insulting a police officer.

Mr Khiri was later found guilty and got a three-month suspended sentence. The incident sparked riots in Trappes, which has a large immigrant population.

The ensuing violence drew hundreds of protesters. They set fire to bins, destroyed bus stops and hurled stones at police.

Ms Belin went on trial in October for defying the ban and insulting a police officer but her lawyer launched a constitutional challenge and the Versailles court postponed the case until today to consider defence claims that the charges are unconstitutional.

Mr Bataille says the ban impinges on freedom of religion, of movement and goes against human dignity.

The controversial ban on garments that cover the face was introduced on the ground that they could pose a security threat.

But many then interpreted it as a sign targeting Islamic veils, arguing that helmets worn by motorcyclists also covered the face.

Ms Belin has admitted telling the police officers to “shut up” but denied saying “Allah will exterminate you.”

In a parallel case, one of the three officers involved in the incident is being investigated for using Islamophobic language on Facebook and for “inciting hatred and racial discrimination.”

Mr Bataille has also said that identity checks were being misused by some police officers to harass veiled women.

But the police officers’ lawyer Thibault de Montbrial said that a “small group of radical elements were testing the institutions” of the French Republic, which is officially secular, under the guise of religious freedom.

* Agence France-Presse

The years Ramadan fell in May

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Nickname: Mama Nadia to children, staff and parents

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As a child: Kept sweets on the window sill for workers, set aside money to pay for education of needy families

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What the law says

Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.

“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.

“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”

If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.

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