A recent ruling by an Austrian court has declared a hotel's ban on burkinis discriminatory, a decision carrying significant political weight in a nation where far-right sentiment is increasingly prominent. The full-body swimming costume, favoured by some Muslim women, has become a contentious issue for European far-right groups advocating for restrictions on Muslim attire in public areas.
The Salzburg court found that a hotel located in the western ski resort of Saint Johann im Pongau had discriminated against two Austrian Muslim women. The women were prevented from wearing the garment, leading to a heated argument with the manager who cited hygiene concerns and discomfort among other guests. Following the incident, the women lodged a complaint last year.
Local authorities initially fined the hotel 100 euros (approximately £85) in February, a penalty which the establishment's manager subsequently appealed. However, the court rejected this appeal in late June, upholding the original fine and adding a 20 euro fee for procedural costs. The court specifically stated that the hotel manager's argument regarding the burkini's hygiene was unfounded, noting that the swimwear is made from standard materials and routine water checks had revealed no irregularities.
Despite the ruling, the presiding judge clarified to Agence France-Presse that this decision would not establish a nationwide precedent. This is because, in Austria, indirect discrimination can be permissible under specific circumstances. While Austria does not explicitly restrict Muslim dress for women and girls over 14, it does ban face coverings in public spaces, effectively prohibiting the wearing of burqas and niqabs. The burkini, which covers the entire body except for the face, hands, and feet, does not fall under these existing prohibitions.
The burkini has been a subject of intense debate across several European nations, particularly France, where attempts by local mayors in 2016 to ban the garment on Mediterranean beaches were ultimately overturned by courts. Other European countries, including the Netherlands and Denmark, have also implemented bans on face-covering attire such as the burqa and niqab.