The Disputes Chamber now rules that this rule leads in practice to discrimination on the basis of religion. Because of the ban, women cannot swim in clothing that is important to her based on her beliefs.
Although the objectives of the swimming pool – safety and hygiene – are justified according to the Disputes Chamber, a general ban on loose-fitting swimming clothing is not necessary to achieve those objectives. According to the opinion, adapted, body-covering swimwear made from suitable material can indeed meet the hygienic standards.
