Koblenz, the burkini ban and constitutional rights

The Higher Administrative Court [Oberverwaltungsgericht] of Rheinland-Pfalz has granted an interim suspension of Koblenz City Council’s ban on whole-body swimsuits in its municipal swimming pools. The Council had decided by a narrow majority that bathers could only swim in swimming trunks or shorts, swimsuits or bikinis, arguing – somewhat speciously – that a burkini might conceal open wounds, rashes or contagious diseases. The applicant, a Syrian asylum seeker, had said that she had been given medical advice to swim to alleviate her back pain, but that because of her religious beliefs she could only do so in a burkini.

In its order of 12 June 2019, ref 10 B 10515/19.OVG, the Court ruled that the ban on full-body bathing suits for women violated the constitutional requirement for equal treatment. Continue reading