Geneva’s burkini ban in pools provisionally suspended

Ban on long swimwear in Geneva’s swimming pools suspended Keystone-SDA

For the time being, bathers are still permitted to wear full-body swimwear and burkinis at public swimming pools in the canton of Geneva. The Geneva courts have provisionally suspended the ban.

The Constitutional Chamber of the Geneva Court of Justice granted suspensive effect to the appeal lodged by the “Coordination for Inclusive Swimming” and suspended the regulation pending a decision on the merits of the case.

This move is intended to ensure access to the swimming pools during the summer, particularly in light of the heatwave, Meriam Mastour, the initiator of the appeal stated on Wednesday.

In its ruling handed down on Monday, the Constitutional Chamber noted that, at first glance, the complainants had raised valid objections regarding potential infringements of several fundamental rights. The exclusion of people who wish to cover themselves for religious reasons, out of a sense of modesty or for health reasons could cause a disadvantage during the summer season that would be difficult to remedy.

Furthermore, the court noted that the Geneva cantonal parliament, which had passed the provision in force since May, had not put forward any specific reason for its immediate application. The sole argument cited was the desire to standardise the rules. The appeal will now be examined on its merits.

Swiss People’s Party motion

The amendment to the law on public swimming pools stipulates that swimwear must end above the knees and leave the arms uncovered. The bill stems from a motion by the right-wing Swiss People’s Party, which was originally intended to restrict the wearing of the burkini.

In Parliament, however, the wording was made more general. The Geneva cantonal government had spoken out against the legislative amendment, describing it as a violation of personal freedom and local autonomy.

The towns of Vernier, Meyrin, Carouge, Lancy and Geneva have also lodged appeals against the law. Like the Coordination for Inclusive Swimming – which comprises around a dozen organisations – they criticise in particular the lack of a clear public interest, the potential health consequences of a ban on UV-protective clothing, and a violation of personal freedom.

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Translated from German, reviewed by an English Department journalist.