An Austrian court has ruled that an alpine hotel's ban on burkinis was discriminatory, a decision with political implications in a country where far-right influence is growing. The full-body swimsuit, worn by some Muslim women, has become a target for European far-right groups seeking to restrict Muslim attire in public.
Ruling Details
The Salzburg court, in a ruling made public this week, determined that the hotel in the western ski resort of Saint Johann im Pongau had discriminated against two Austrian Muslim women by prohibiting them from wearing the burkini. The incident began after a heated argument with the hotel manager, who claimed the garment was unhygienic and made other guests uncomfortable. The women filed a complaint in 2023, leading to a €100 (£85) fine imposed by local authorities in February. The manager appealed, but the court rejected the appeal in late June, ordering the hotel to pay an additional €20 fee for procedural costs.
Legal Reasoning
The court dismissed the manager's hygiene argument, stating it “does not hold water, as burkinis are made from the same materials as other swimwear and routine water checks found no irregularities.” However, the presiding judge told Agence France-Presse that the ruling would not set a nationwide precedent, as “indirect discrimination is permissible under certain conditions.”
Context and Implications
Austria does not explicitly restrict Muslim dress for women and girls over 14, but a law forbids face coverings in public spaces, effectively banning the burqa and niqab. The burkini, which covers the entire body except the face, hands, and feet, complies with this law. The burkini has been a politically charged issue in several European countries, particularly France. Attempts by mayors in southern France to ban the swimsuit on Mediterranean beaches in 2016 were overturned by courts. Other countries, including the Netherlands and Denmark, have banned face-covering garments like the burqa and niqab.
