Women wearing burkinis must be allowed in swimming facilities in East Flanders, according to the Flemish Human Rights Institute’s Dispute Chamber.
In March, a woman filed a complaint, alleging that it was unfair for her children to wear long swimwear while Muslim women were denied the same right.
During a visit to the provincial recreation domain Puyenbroeck, the woman had noticed that her children, dressed in long UV-protective clothing, were allowed to swim, but Muslim women in burkinis were not. She observed that these women had to supervise their children from behind a barrier, which she found very disturbing.
She then approached the Flemish Human Rights Institute’s Dispute Chamber and lodged a complaint on 12 March.
The institute has now sided with the plainfiff, stating that the swimming regulations at East Flanders’ recreational domains are discriminatory.
Since 1 June 2023, the rules require swimwear to be form-fitting, with sleeves that do not go past the elbows and trouser legs that do not extend below the knees.
The institute dismissed the hygiene and safety arguments advanced by the province. It recommended allowing burkinis and altering the regulations, although this advice is not binding.
East Flanders has acknowledged the ruling, stating that it would comprehensively review and analyse it. “The analysis will determine whether changes to our swimming regulations are necessary,” it added.
This is not the first legal battle over burkinis. In 2021, the Ter Wallen swimming complex in Merelbeke, another town in East Flanders, was ordered to pay €1,300 in damages to a woman who was not allowed to swim in a burkini.
