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France permanently bans the burkini in municipal swimming pools

The Green-led Grenoble City Council sought to make an exception to allow the burkini. Now the courts have confirmed that municipal swimming pools cannot accommodate a religious demand.

Woman in a burkini

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The Grenoble City Council, controlled by the Greens, opened the door to the burkini in May 2022 by amending the municipal swimming pool regulations. The text changed Article 10 to allow “non-tight-fitting” swimwear. Behind this administrative terminology there was a very specific objective: to allow the use of the burkini. The controversy quickly grew throughout France and the prefect of Isère called for the decision to be annulled., alleging a “serious attack on the principles of secularism”.

The manoeuvre lasted little. The Administrative Court of Grenoble suspended the new regulation a few days later. and the case quickly reached the Conseil d'État, the highest French administrative court. In June 2022, that court upheld the suspension and established the case's central criterion: A municipal swimming pool cannot adapt its common rules to accommodate a specific religious claim.. Since then, the burkini had already been banned from the pools in Grenoble; what remained was the final decision on the substance of the matter.

Justice closes the loophole opened by Grenoble

Although the Council of State had already made its position clear in 2022, the legal battle was not entirely over. The decision on the merits of the case was still outstanding. The Figaro explains that this decision has now been reached: The Administrative Court of Grenoble has definitively annulled the article of the regulation. which in fact allowed people to swim in a burkini in the municipal swimming pools.

According to the court, the problem was the “highly specific and strongly exceptional”of the measure. The regulation created “unequal treatment” compared with other users “without any real justification” and could affect both the proper functioning of the public service and the “equal treatment of users.” For this reason, the judges have ordered the annulment of Article 10 and have definitively closed the loophole that the Grenoble City Council had tried to open to allow the burkini.

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