Austria: Court Upholds Muslim Women’s Right to Wear Burkini in Hotel

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An Austrian court has ruled in favor of two Muslim women who sued a hotel after being banned from wearing burkinis — full-body swimwear — on its premises. The decision found the ban discriminatory, coming amid rising influence of far-right politics in the country.

Incident at Alpine Resort Hotel

The incident occurred at a hotel in the ski resort of St. Johann im Pongau in Salzburg. After a heated argument, the hotel manager prohibited the two women from wearing their burkinis, citing hygiene concerns and claiming the garment made other guests uncomfortable.

Legal Challenge and Ruling

The women filed a complaint last year. In February, Austrian authorities fined the hotel €100 for discrimination. The hotel’s management appealed the penalty, arguing the burkini posed hygiene risks — a claim the court rejected. Judges noted that burkinis are made from the same materials as conventional swimwear and have not been linked to any water quality issues during routine pool inspections.

Broader Implications

The presiding judge clarified to AFP that the ruling does not establish binding precedent at the federal level. He emphasized that indirect discrimination may be permissible under certain narrowly defined conditions. Still, the verdict underscores growing legal scrutiny of restrictions targeting religious attire in public and semi-public spaces.

The burkini — worn by some Muslim women seeking modesty while swimming — has become a focal point for far-right campaigns across Europe aiming to limit its use in public pools, beaches, and hotels.