France revives the debate on the burkini: the supreme court bans its use in public swimming pools

On Tuesday, France’s highest administrative court ruled against permission to wear burkini swimsuits in public swimming pools for religious reasons, arguing that it violates the principle of government neutrality towards religion.

This case that sparked the debate on Islam in France began in mid-May, when the city council of Grenoble (south-east) decided to relax the rules on clothing allowed in swimming pools, without directly mentioning the burkini.

The registered trademark burkini almost completely covers the body. It is a word formed by the combination of burqa – the most restrictive Islamic veil – and bikini.

Although it is only worn by a small number of women in France, mainly Muslim, the burkini generates an intense political debate in the country.

The city of Grenoble, led by a mayor of the Greens, voted in favor of allowing women to wear burkini in public swimming pools after a campaign of local activists. At the same time, the city also voted in favor allow women to swim shirtlessas part of a broader relaxation of swimwear rules.

The Ministry of the Interior filed a complaint because the provision violates the principles of secularism.

An administrative court in Grenoble agreed with the state and the city decided to appeal and the case was left in the hands of the State Council.

This Tuesday, the highest administrative jurisdiction upheld the judicial decision of the local Grenoble court in estimating him the new swimming pool regulation constitutes a “very selective exemption” satisfy a “religious claim”.

The rules on clothing in public swimming pools in France are strict, because the authorities say they are hygienic reasons. They require the use of caps and, in general, baggy swimsuits or other bulky clothing are prohibited.

Some other towns and villages allow burkini in public swimming pools, such as the city of Rennes, but their decision was aimed at loosening swimsuit rules in general and was not based on religious reasons.

The Minister of the Interior, Gerald Darmanin, celebrated the decision of the State Council on Twitter this Tuesday “a victory of the law against separatism and secularism”.

In 2016, the attempt by some mayors of southern France to ban the burkini on the beaches of the Mediterranean generated the first political storm around the garment that some consider a symbol of oppression of women.

With French historical secularism in the middle, feminists believe the burkini is the propaganda of Islamic fundamentalists and control over women.

The history of the burkini

Was imagined in 2004 by the Australian designer of Lebanese origin, Aheda Zanetti. She came up with the idea while watching her 11-year-old niece struggle to play netball (a variation of basketball for seven players) in her hijab. He launched his Ahiida company in 2004 and the first models were marketed a few months later.

In 2006, it registered the Burkini and Burqini trademarks in Australia, Europe, Canada and other countries. Declared goal: allow Muslim women to enjoy the beach and water sportswith clothes suited to their religious practice.

The operation was a commercial success. In 2016, Aheda Zanetti acknowledged that she had sold more than 700,000 swimwear. A sign that the market is thriving. Several brands are following suit, including leading UK brand Marks & Spencer. But only in France is it prohibited.

Prohibited in France

The first controversy in France dates back to 2009, when a resident of Émerainville (Seine-et-Marne) threatened to file a complaint and attacked anti-racist associations after denying her access to a municipal swimming pool in Burkini for hygienic reasons.

The context was not neutral: the incident occurred during a parliamentary fact-finding mission on the use of the burqaa year before the law of 11 October 2010, which prohibited hiding the face in public space.

After a similar incident in Douai in 2011, the controversy didn’t really flare up again until summer 2016. A real soap opera took place throughout the month of August.

After the announcement of the organization of the “day of the burkini”in a water park near Marseille, about thirty mayors of French seaside resorts have decided to issue decrees to ban the use of the burkini on beaches, based on the principle of disturbing public order.

On 26 August 2016, the Council of State put an end to these prohibitions, deeming “unjustified disturbance of public order”. Several mayors, however, decide to stick to their decision.

DB