Moroccan Women Fight Burkini Ban: Constitutional Freedoms at Stake in Hotel Pool Controversy

"This complaint is based on media data and field testimonies, as well as on the statements confirmed by the deputy Nadia El Kansouri in her written question addressed to the Minister of Tourism, regarding these practices which the center considers as a flagrant violation of constitutional freedoms and an infringement of the principles of equality and non-discrimination stipulated in Articles 6 and 19 of the Moroccan Constitution," it is explained.

In the eyes of the human rights organization, these behaviors undermine the very essence of freedom of dress and belief, and constitute a blatant discrimination against the Moroccan woman because of her religious choices. "The Moroccan Constitution affirms, in its preamble, the fight against all forms of discrimination, and bases public life on the constants of the Moroccan nation, at the forefront of which is tolerant Islam," it recalls, noting that "the bans often take place within the pool itself, and not at the hotel entrance, which can lead to inappropriate physical interventions by employees, which can be likened to acts of sexual harassment and violation of bodily intimacy."

Concerned by the repetition of these practices in several hotel establishments, the organization calls for "the opening of an urgent investigation to assess the extent of the violations, and to hold legally responsible the establishments involved in this exclusion based on dress." It specifies that "the justifications put forward, according to which the "burkini" would represent a health hazard or a vector of contamination, are not based on any reliable scientific report, especially since the majority of men wear long swimming shorts made of the same materials without being disturbed."

For the center, "the controversy around the "burkini" reveals a deeper crisis related to the question of who has the right to define the criteria of "acceptability" in the public space, and to impose a uniform cultural model that ignores the diversity of Moroccan society, where veiled and unveiled women live within the same system of values." The organization calls for "the development of a binding national code of conduct for the tourism and hotel sector, stipulating respect for the Constitution, and guaranteeing all citizens access to tourist services without discrimination based on dress, beliefs or cultural origins."

It calls on the relevant state institutions to "intervene immediately to ensure respect for fundamental rights and freedoms in all public and private establishments, in respect of the dignity of the Moroccan citizen and his cultural and religious specificities."