Burkini: what the law says
French law contains no general ban on covering swimwear. Two orders of the Conseil d'État draw the current line: on beaches a municipal ban was suspended in 2016, and in 2022 a municipality was told it could not amend its pool rules to accommodate a religious request.
On beaches: 26 August 2016
The Conseil d'État suspended the Villeneuve-Loubet order banning covering swimwear on the beach. It found a serious and manifestly unlawful infringement of fundamental freedoms, among them freedom of movement, freedom of conscience and personal freedom.
The reasoning matters: a mayor may restrict a freedom only where there is a proven risk to public order. The court held that the emotion following the Nice attack of 14 July 2016 could not lawfully justify the ban.
In municipal pools: 21 June 2022
Grenoble had amended its pool regulations to allow non-fitted garments longer than mid-thigh, which in practice authorised the burkini. The Conseil d'État confirmed the suspension of that amendment.
It held that by granting a derogation to satisfy a religious request, the municipality breached the equal treatment of users of the public service and the proper functioning of that service. It was the first use of the déféré-laïcité procedure.
What this does and does not mean
It does not mean the burkini is banned across French pools. It means a municipality cannot write an exemption into its rules to accommodate a religious demand.
A municipality may still set hygiene and safety rules about fabric and cut, applied to everyone. Private hotels, campsites and pools set their own rules, subject to the prohibition on refusing a service on religious grounds.
Les deux décisions citées sont publiques : ordonnance du 21 juin 2022 · ordonnance du 26 août 2016.
Is the burkini banned in pools? · See venues
This page summarises French law as it stands, to help you find your way. It is not legal advice: HerWhere is not a law firm. If you are refused entry and believe it is discriminatory, contact the Défenseur des droits.
Frequently asked questions
Is there a law banning the burkini in France?
No. There is no general national ban on covering swimwear, in pools or on beaches.
What did the Conseil d'État decide in 2022?
In its order of 21 June 2022 concerning Grenoble, it confirmed the suspension of an amendment to municipal pool regulations that authorised the burkini, holding that a derogation granted to satisfy a religious request breached equal treatment of users of the public service.
What did it decide in 2016?
In its order of 26 August 2016 on Villeneuve-Loubet, it suspended a municipal order banning covering swimwear on the beach, finding a serious and manifestly unlawful infringement of fundamental freedoms in the absence of a proven risk to public order.
Can a private hotel refuse?
A private venue sets its own house rules. Refusing to provide a service on religious grounds is punishable under the French criminal code. In practice most rules are written about fabric and cut and applied to all customers.