BURKINI. The wearing of the burkini in municipal swimming pools is once again controversial. Establishments are not bound by secularism, but can the burkini be banned in public swimming pools? Lightings.
[Mis à jour le 13 mai à 15h53] Will burkinis be allowed in municipal swimming pools this summer? These swimsuits which allow Muslim women to respect their modesty and the wearing of the veil while bathing are once again creating controversy. If they can be worn freely on beaches, this is not the case in municipal swimming pools. In Grenoble, the mayor Eric Piolle wishes to authorize the wearing of the burkini in public swimming pools and must propose a text which will modify the internal regulations of public service establishments to the municipal council on May 16. A decision whose contours were seen on April 29 in a letter that the city councilor addressed to Emmanuel Macron and in which he promises to ensure “that no internal regulations of any public equipment constitute an injunction or discrimination”.
Eric Piolle’s project has received support from the Alliance Citoyenne association, which has defended the right of women to dress freely, including when they wish to wear the burkini in municipal swimming pools, in a Tribune published on May 11 on Mediapart. “Freedom of dress is limited by law or regulation only in the event that the outfit would cause a disturbance to public order”, claim the signatories. And to add: “If the freedom of some ends where that of others begins, it is difficult to see how the freedom to wear a covering swimsuit would harm the freedom and pleasure of swimming of other bathers. municipal swimming pools.
The municipal opposition of Grenoble is against this project and at the national level the far right has also taken a stand. “J‘I would have banned the burkini in swimming pools without any difficulty, moreover it is currently prohibited in the swimming pool regulations”, declared Marine Le Pen, using secularism as an argument on the antenna of RTL May 11. An assertion that turns out to be false since public services are not required to respect religious neutrality. The proof in Rennes, where since 2018 women can freely wear the burkini in public swimming pools thanks to a decision by the socialist mayor Nathalie Appéré.
Secularism, hygiene, modesty… Is the burkini prohibited in public swimming pools?
The internal regulations make the law in the public services but according to this government document, “users of the public service have the right to express their religious beliefs within the limits of respect for their proper functioning and the imperatives of safety, health and hygiene”. No rules of procedure can therefore justify banning the burkini in the name of secularism. Only arguments on safety, hygiene and indecent exposure are retained by public swimming pools to determine the clothing authorized in the water. As such, establishments have the right to ban the burkini.
To the hygienist and security argument, the association Alliance Citoyenne opposes “independent studies [qui] have proven that the length of a swimsuit does not determine its unhygienic nature or that the difficulties potentially encountered by rescuers in the event of drowning are the same as for a person wearing a bikini. municipalities of Rennes also lean on this opinion and consider in their rules of procedure that to respect the “requirements of safety and hygiene” and “to preserve the quality of the bathing water”, the bathing suits must only be “in a fabric designed specifically for this use and must not have been worn before access to the pool. The text also requires users to “take a shower with shampoo and soap” before entering the water reports France info.
As for indecent exposure, it is impossible for the argument to be used to prohibit the wearing of the burkini, the garment covering the entire body of those who wear it, from the shoulders to the ankles most of the time. On the contrary, modesty is what prohibits users from going nude, and women from being topless or wearing swimsuits that are too low cut.
Is wearing a burkini allowed in swimming pools in Grenoble?
The authorization to wear the burkini in the municipal swimming pools of Grenoble is still only a project. Eric Piolle, the mayor of the city, must present his proposal to the city council on May 16. The article which could be added to the internal regulations of the establishments is already planned and it only refers to “rules of hygiene and safety”. It provides that “swimwear must be made of a fabric specifically designed for swimming, fitted close to the body, and must not have been worn before access to the swimming pool”. “Outfits that are not close-fitting longer than mid-thigh (long, wide or flared dress or tunic and swimwear-shorts are prohibited,” adds the text, a clarification that partly refers to burkinis. text is voted as is, users will be able to wear a burkini but under conditions.