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  1. Standard membersh76
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    26 Aug '16 14:49
    http://www.cnn.com/2016/08/26/europe/france-burkini-ban-court-ruling/

    Congratulations to the French court system for, at least this once, protecting the rights of its citizens.
  2. Account suspended
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    26 Aug '16 15:24
    Originally posted by sh76
    http://www.cnn.com/2016/08/26/europe/france-burkini-ban-court-ruling/

    Congratulations to the French court system for, at least this once, protecting the rights of its citizens.
    ummm I find it not a little intimidating to counsel a lawyer on facets of law but the ban has not been overturned, its merely been put on hold until the courts decide the legality of it.

    The ruling from the state council suspends a single decree against full-body swimsuits issued by the mayor in the southern resort of Villeneuve-Loubet, near Nice. But it is likely to set a precedent for other towns that have banned the swimwear on their beaches.

    The state council ruled that the mayor did not have the right to issue a burkini ban – stating that local authorities could only restrict individual liberties if there was a “proven risk” to public order. It believed that proven risk had not been demonstrated.

    https://www.theguardian.com/world/2016/aug/26/frances-highest-court-suspends-burkini-ban-in-test-case

    That will be 1200 pounds Sterling, legal fees please! 😛
  3. Standard membersh76
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    26 Aug '16 16:30
    Originally posted by robbie carrobie
    ummm I find it not a little intimidating to counsel a lawyer on facets of law but the ban has not been overturned, its merely been put on hold until the courts decide the legality of it.

    The ruling from the state council suspends a single decree against full-body swimsuits issued by the mayor in the southern resort of Villeneuve-Loubet, near Nice. ...[text shortened]... rt-suspends-burkini-ban-in-test-case

    That will be 1200 pounds Sterling, legal fees please! 😛
    From the article you cited:

    "The state council ruled that the mayor did not have the right to issue a burkini ban – stating that local authorities could only restrict individual liberties if there was a “proven risk” to public order. It believed that proven risk had not been demonstrated."

    While the ruling could be reversed, the court clearly demonstrated that it believed that the ban was a violation of individual rights.
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    26 Aug '16 17:49
    Originally posted by sh76
    From the article you cited:

    "The state council ruled that the mayor did not have the right to issue a burkini ban – stating that local authorities could only restrict individual liberties if there was a “proven risk” to public order. It believed that proven risk had not been demonstrated."

    While the ruling could be reversed, the court clearly demonstrated that it believed that the ban was a violation of individual rights.
    I don't think its been proven or disproven whether the ban is actually a violation of an individuals rights. It appears to hinge on a proven risk to public order and this is why the French courts have temporarily suspended the ban to test the case. Its difficult to see how wearing religious garb may be construed as effecting a risk to public order but in view of the recent events in France any association with Islam and its ideology may reasonably be subjected to scrutiny. Its interesting and early days yet, lets see what transpires. 😀
  5. Standard membersh76
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    26 Aug '16 18:06
    Originally posted by robbie carrobie
    I don't think its been proven or disproven whether the ban is actually a violation of an individuals rights. It appears to hinge on a proven risk to public order and this is why the French courts have temporarily suspended the ban to test the case. Its difficult to see how wearing religious garb may be construed as effecting a risk to public order b ...[text shortened]... ably be subjected to scrutiny. Its interesting and early days yet, lets see what transpires. 😀
    === Its difficult to see how wearing religious garb may be construed as effecting a risk to public order ===

    This, in your words, is the compelling case for the overturn of the ban.
  6. Account suspended
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    26 Aug '16 18:331 edit
    Originally posted by sh76
    === Its difficult to see how wearing religious garb may be construed as effecting a risk to public order ===

    This, in your words, is the compelling case for the overturn of the ban.
    Easy there. . . . but in view of the recent events in France any association with Islam and its ideology may reasonably be subjected to scrutiny 😀
  7. Standard membershavixmir
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    26 Aug '16 19:06
    Originally posted by sh76
    From the article you cited:

    "The state council ruled that the mayor did not have the right to issue a burkini ban – stating that local authorities could only restrict individual liberties if there was a “proven risk” to public order. It believed that proven risk had not been demonstrated."

    While the ruling could be reversed, the court clearly demonstrated that it believed that the ban was a violation of individual rights.
    It's a proven risk to fashion and taste.
  8. Zugzwang
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    26 Aug '16 19:30
    Originally posted by sh76
    http://www.cnn.com/2016/08/26/europe/france-burkini-ban-court-ruling/

    Congratulations to the French court system for, at least this once, protecting the rights of its citizens.
    Before the Conseil d'Etat acted, I would have advised making a complaint to the European Court of Human Rights.

    According to the 'Guardian', however, at least three French mayors already have said
    that they intend to defy the French court's ruling and *not* withdraw their bans.
    The French right-wing has called for the ban to be extended throughout France.

    Here's are some related articles from the 'Guardian':
    http://www.theguardian.com/commentisfree/2016/aug/26/burkini-ban-france-failed-its-minorities

    "The Burkini Ban Shows How Badly France has Failed Its Minorities"
    --Natalie Nougayrede (26 August 2016)

    http://www.theguardian.com/2016/aug/24/france-burkini-ban-secularist-equality-muslim

    "France's Burkini Ban Exposes the Hypocrisy of Its Secularist State"
    --Iman Amrani (24 August 2016)
  9. Joined
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    26 Aug '16 20:131 edit
    Originally posted by Duchess64
    Before the Conseil d'Etat acted, I would have advised making a complaint to the European Court of Human Rights.

    According to the 'Guardian', however, at least three French mayors already have said
    that they intend to defy the French court's ruling and *not* withdraw their bans.
    The French right-wing has called for the ban to be extended throughout Fra ...[text shortened]... ce's Burkini Ban Exposes the Hypocrisy of Its Secularist State"
    --Iman Amrani (24 August 2016)
    It is not what France can do for its minorities ,it is what the minorities can do for France .( Phil300 26 August 2016)
  10. Zugzwang
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    26 Aug '16 20:33
    Originally posted by phil3000
    It is not what France can do for its minorities ,it is what the minorities can do for France .( Phil300 26 August 2016)
    http://en.wikipedia.org/wiki/Paris_massacre_of_1961

    In 1961 French police killed at least 48 (as grudgingly admitted by the French government
    in 1998) and perhaps hundreds (as some French historians claim) unarmed Algerians in Paris.
    After decades of denying the facts, France's government has grudgingly admitted that
    a massacre took place, though typically in vague, euphemistic terms such as 'tragic events'
    without officially condemning those responsible for it.

    Does Phil3000 believe that minorities should keep silent about France's record of violence against them?
  11. Joined
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    26 Aug '16 20:39
    Originally posted by Duchess64
    http://en.wikipedia.org/wiki/Paris_massacre_of_1961

    In 1961 French police killed at least 48 (as grudgingly admitted by the French government
    in 1998) and perhaps hundreds (as some French historians claim) unarmed Algerians in Paris.
    After decades of denying the facts, France's government has grudgingly admitted that
    a massacre took place, though typ ...[text shortened]... l3000 believe that minorities should keep silent about France's record of violence against them?
    So .it's you giving me the thumbs down .( shock ,horror ).
  12. Subscriberno1marauder
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    26 Aug '16 20:43
    Originally posted by sh76
    http://www.cnn.com/2016/08/26/europe/france-burkini-ban-court-ruling/

    Congratulations to the French court system for, at least this once, protecting the rights of its citizens.
    It doesn't seem to be much to celebrate about; the Court seems to have ruled based on Federalism issues. Based on what the French political leaders are saying, you can expect a national ban to be enacted shortly.
  13. Subscriberno1marauder
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    26 Aug '16 20:47
    Originally posted by Duchess64
    Before the Conseil d'Etat acted, I would have advised making a complaint to the European Court of Human Rights.

    According to the 'Guardian', however, at least three French mayors already have said
    that they intend to defy the French court's ruling and *not* withdraw their bans.
    The French right-wing has called for the ban to be extended throughout Fra ...[text shortened]... ce's Burkini Ban Exposes the Hypocrisy of Its Secularist State"
    --Iman Amrani (24 August 2016)
    The European Court of Human Rights upheld the French burqa and niqab ban in 2014.http://edition.cnn.com/2014/07/01/world/europe/france-burqa-ban/

    I see little reason to believe that they wouldn't uphold a national ban on burkinas based on that precedent. Euro courts don't take Natural Rights very seriously relying on the more squishy concept of "human rights",
  14. Standard memberlemon lime
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    26 Aug '16 20:48
    A victory for skimpy bikini gazers.
  15. Subscriberno1marauder
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    26 Aug '16 21:05
    Originally posted by robbie carrobie
    I don't think its been proven or disproven whether the ban is actually a violation of an individuals rights. It appears to hinge on a proven risk to public order and this is why the French courts have temporarily suspended the ban to test the case. Its difficult to see how wearing religious garb may be construed as effecting a risk to public order b ...[text shortened]... ably be subjected to scrutiny. Its interesting and early days yet, lets see what transpires. 😀
    RC: any association with Islam and its ideology may reasonably be subjected to scrutiny.

    I don't suppose you see anything wrong with this statement which, in effect, endorses a Holy War against a segment of a nation's citizens merely because of the violent acts of a few. I'd call it "profiling" and/or "collective punishment" both of which are deeply offensive to any idea of freedom and limited government.
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