Muslim Girls In Switzerland Will Have To Swim With Boys, European Court Rejects Exemption On Religious Grounds

The European Court of Human Rights (ECHR) in Strasbourg, France, dismissed a case filed by the parents of two Muslim girls in which the family asked that their daughters be exempted from attending swimming lessons at their school in Switzerland on religious grounds. According to Russia Today, the court ruled that the girls must continue to attend swimming lessons in which both boys and girls would participate at the same time.

The latest ruling is the result of a long-standing battle between a Swiss-Turkish couple and Swiss authorities from the city of Basel. The origins of the case dates back to 2010 when the Muslim couple were fined 1,400 francs (1,304 euros) after they did not allow their daughters to attend swimming lessons at a school in the city on multiple occasions.

Interestingly, the court noted that while the Basel authorities “interfered with” religious freedom of the girls and their family, the decision to fine the parents and to insist that their girls attend swimming classes with other students in the class was not in violation of European law. The court also found that such activities were essential to promote and encourage “social integration.”

Switzerland wins case obliging Muslim parents to send girls to school-run swimming lessons with boys https://t.co/R9wmkApjzr

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An excerpt from the ruling read, “Accordingly, the children’s interest in a full education, thus facilitating their successful social integration according to local customs and mores, prevailed over the parents’ wish to have their children exempted from mixed swimming lessons.”

The court also noted that the school in Basel had offered the family “very flexible arrangements” to continue practicing their faith in school. These included allowing them to attend swimming classes while wearing burkinis and making arrangements for the girls to change their clothes in a separate room without boys. The court also ruled that the fine amount of 1,400 francs (US$1,380) levied on the parents for non-compliance was “fair and proportional.” The fine was levied after the parents continued to defy local school rules and persisted in disallowing their daughters to attend swimming lessons with boys. The court went on to add that the parents were justly fined for “acting in breach of their parental duty.”

The court ruling further read, “The fine was levied to ensure that the parents do send their children to compulsory lessons, which is above all in their own interest, for socialization and successful integration.”

While the incident dates back to the year 2010, the case was filed two years later, in 2012. At the time of filing the case, the parents claimed that the school’s insistence of sending their daughters to swimming classes with boys violated article nine of the European Convention on Human Rights. Article nine deals with the right to freedom of thought, conscience, and religion. Local Swiss law only allows post-puberty girls an exemption from swimming classes. Both the daughters were younger, prepubescent girls when they were asked to attend swimming classes. Before the couple approached the European Court of Human Rights, the highest court in Switzerland at Lausanne also ruled that the insistence on attending swimming lessons was not in violation of any Swiss law.

This swimming pool-related ruling in Europe comes close on the heels of several other similar incidents in the region. Not too long ago, two Muslim women were denied entry into a swimming pool in Vienna because of their insistence on wearing burkinis into the pool. The poll authorities denied their request citing health and safety concerns. Meanwhile, in France, many towns banned the usage of burkinis. The ban was also supported by French Prime Minister Manuel Valls who said that the Muslim swimwear was “not compatible” with French values.

While the Muslim couple may have lost the case now, they still have a chance to file an appeal against the latest ruling. At this time, it is unclear whether the family plans to contest the latest ECHR decision.

[Featured Image by Ariel Schalit/AP Images]