An Austrian court has ruled that a local hotel’s prohibition on burkinis constitutes discrimination, a decision that holds significant implications in a country where far-right sentiments are gaining traction.
The burkini, a full-body swimsuit favored by some Muslim women, has sparked controversy among European far-right groups advocating for restrictions on Muslim attire in public areas.
This week, the Salzburg court declared that the hotel in the alpine resort of Saint Johann im Pongau had unfairly treated two Austrian Muslim women by barring them from wearing the burkini. The conflict arose after the women had a contentious exchange with the hotel manager, who claimed that the garment was unsanitary and made other guests uncomfortable. In response, the women lodged a complaint last year.
Following this, the local authorities imposed a €100 fine on the hotel in February, which led the hotel’s management to contest the decision. However, the court upheld the fine in late June and added a €20 fee to cover procedural expenses.
The court determined that the hotel manager’s assertion regarding the burkini’s hygiene was unfounded, as the fabric used is similar to that of other swimwear, and routine water quality inspections revealed no issues.
Despite the ruling, the presiding judge informed Agence France-Presse that this decision would not create a nationwide precedent, noting that indirect discrimination might be permissible under certain circumstances.
While Austria does not have explicit laws banning Muslim attire for women and girls over 14, it does prohibit face coverings in public, effectively barring the burqa and niqab for Muslim women.
As the burkini leaves the face, hands, and feet exposed, it does not violate these regulations.
The burkini has emerged as a contentious issue across various European nations, particularly in France. In 2016, attempts by local mayors in southern France to prohibit burkinis on Mediterranean beaches were ultimately overturned by the judiciary. Meanwhile, countries like the Netherlands and Denmark have enacted bans on face-covering garments such as the burqa and niqab.
