Reaction to Judgment S.A.S. v France

Following the Judgment handed down today in the Grand Chamber, Public Law Barrister Tony Muman commented as follows: –

“The judgment is naturally disappointing for the client and she will take time to digest and reflect on it. The court does however reject the French government’s suggestion that her article 8 and 9 rights were not engaged. They also reject the government’s justification based on gender equality and public safety measures and reminds us of the importance of tolerance and pluralism. Ultimately the court has taken the view (not unanimously) that the state has a wide margin of appreciation and that the ban was a proportionate measure to the aims of “living together” and “protecting the rights and freedoms of others”. The client will continue to act lawfully as she always has done and respect the court’s judgment. She fears, however, that the judgment ironically will exclude her community even more than they have already felt since the law came into force, this would appear to undermine the very notion of living together.”

 

For further information about the case or to discuss any related matter, Tony Muman can be contacted via his clerks or on 0121 237 6035.

Update: the published judgment can now be downloaded here

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