This summer, a day at the pool will be out of reach for some women in the eastern French city of Grenoble after a Supreme Court upheld a ban on fulllength swimsuits, known as burkinis, in public pools.
The city issued an edict in May 2021 after a series of protests by local Muslim women. It allowed women who attended public swimming pools in Grenoble to wear these swimsuits.
Later that month, however, the city’s administrative court overturned the decision. This was confirmed by the French Supreme Administrative Court on Tuesday.
The French Council of State referred to the principles of religious neutrality in its verdict. It concluded that allowing the use of the burkini “would undermine the equal treatment of users. This endangered the neutrality of the public service”.
The court said: “Contrary to the stated aim of the city of Grenoble, the city’s original decision to allow the burkini was intended solely to meet a religious requirement.”
It was also said that the decision made in that town would have allowed some bathers to break “hygiene and safety rules”.
Religious neutrality is enshrined in modern French administrative principles, given a boost last year by the socalled “separatism law” passed by Emmanuel Macron’s government.
The legislation, championed by rightwing Home Secretary Gerald Darmanin, specifically prohibits acts whose “obvious purpose is to indulge sectarian demands for religious ends.”
In France, accessing public services is often difficult for Muslim women because of strict restrictions on demonstrating religious beliefs. This was one of the reasons why such bans have been criticized by human rights defenders, including the United Nations Human Rights Committee.
In 2004, the French government banned visible religious symbols, including Muslim scarves, Jewish yarmulkes and large Christian crosses, in French schools. Fullface veils, known as “niqabs,” are banned in all public areas in France, including public transport, parks, streets and administrative buildings.