The Flemish Human Rights Institute says a ban on swimwear that covers the whole body that is in forced at the Halve Maan Provincial Park at Diest in Flemish Brabant is discriminatory. A community centre had filed a complaint with the Institute because a girl that was with a group from the centre was denied access to the swimming pool at the park because she was wearing a “burkini”. The Flemish Human Rights Institute has now recommended that the provincial authority in Flemish Brabant that is responsible for the Halve Maan modifies the dress code rules.
Flemish Human Rights Institute: ban on swimwear that covers the whole body is discriminatory
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In July last year a community centre organised an outing to the provincial park for a group of young people aged between 11 and 15. One of the girls in the group was wearing a burkini. According to regulations that are in force at all the pools run by the Flemish Brabant provincial authority women's swimwear must cover no lower than above the knee and above the elbow.
Shortly after arriving at the pool, the girl was asked to come out of the pool because her clothing did not comply with the dress code. The girl returned to the pool nervertheless and the supervisor of the group was challenged on this. An argument ensued between him and the pool staff and the group had to abort their day out and leave earlier than planned.
Access denied
A few days later, the supervisor of the group received a letter from the police, informing him that he was barred from entering the Halve Maan until the end of 2024. He had allegedly disrupted public order, breached the peace, refused to follow the instructions of security staff and failed to comply with the rules that are in force at the park.
The community centre then filed a complaint with the Flemish Human Rights Institute that has now ruled that the provincial authority’s dress code rules discriminate on the basis of ‘religious belief, gender and so-called race and national or ethnic origins’.
Measure “not appropriate”
The provincial authority argued that the rule banning burkinis was necessary to ensure hygiene and safety at the pool. However, according to the Institute’s Disputes Chamber, which heard the complaint, there is too little evidence to support this argument. During the hearing, the community centre provided expert evidence that contradicted the provincial authorities' argument.
The Chamber ruled that the measure is therefore not ‘appropriate or necessary’ to maintain hygiene or safety. It recommended that the provincial authority amend the dress code to include body-covering swimwear that covers down as far as the wrists and ankles if it is made out of swimming costume fabric.
In a response the provincial deputy Ann Schevenels (liberal) said that this is the first time that she has faced a ruling by the Disputes Chamber. "This is a recomendation and not a verdict or a conviction. We now have until 20 January next year to respond”. Ms Schevenels says that similar rules are in force in other provinces. The provincial authority will examine the ruling and decide what if any action it will take.