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 sentiment 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.
The ruling, made public this week by the Salzburg court, concerned a hotel in the western ski resort of Saint Johann im Pongau. The hotel had prevented two Austrian Muslim women from wearing burkinis, leading to a heated argument with the manager, who claimed the garment was unhygienic and made other guests uncomfortable. The women filed a complaint in 2023.
Legal proceedings and outcome
Local authorities initially fined the hotel €100 (£85) in February 2024. The hotel manager appealed the fine, but the court rejected the appeal in late June, ordering the hotel to pay an additional €20 to cover procedural costs. The court found that the manager's hygiene argument was unfounded, stating that burkinis are made from the same materials as other swimwear and that routine water checks showed no issues.
However, the presiding judge told Agence France-Presse that the ruling does not set a nationwide precedent, as indirect discrimination can be permissible under certain conditions in Austria.
Context of Muslim dress in Austria
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 contentious issue in several European countries, particularly France. In 2016, attempts by mayors in southern France to ban burkinis on Mediterranean beaches were overturned by courts. Other European nations, including the Netherlands and Denmark, have banned face-covering garments like the burqa and niqab.
