Can a restaurant, shop, swimming pool or other establishment refuse to let you in if you wear a headscarf or other religious symbol?
Cafés, restaurants, swimming pools, discotheques, estate agents and other suppliers of goods and services cannot refuse you if you wear a headscarf or other religious symbol. Your personal freedom as a customer is paramount. Is a ban imposed in spite of everything? There is discrimination if the ban does not meet the following 3 conditions in order to be objectively and reasonably justified.
1. Does the ban serve a legitimate objective?
A legitimate purpose is something for which there is a good reason. Examples:
- Safety: a bowling alley bans loose headscarves because there is a risk of suffocation. That is legitimate.
- Negative reactions from customers: a real estate agency does not rent an apartment to a woman wearing a headscarf because the co-residents do not want a Muslim woman as a neighbour. This is not legitimate: the real estate agency has a discriminatory motive.
2. Is the ban an appropriate means to achieve that goal?
A ban must actually help to achieve the legitimate goal in an appropriate manner.
Example: a swimming pool prohibits body-covering swimwear in order to ensure hygiene in the pool. Although it is a legitimate goal, a ban on all body-covering swimwear is not an appropriate means to achieve this goal. Body-covering swimwear has been specifically developed for water sports, and therefore complies with hygiene regulations.
3. Is the ban a necessary means to achieve the goal?
To ensure that a ban is necessary, it must be evaluated whether less far-reaching measures than a ban is possible. Consider alternatives that have less impact on human rights (such as the non-discrimination principle) and with which the goal can also be achieved.
Example: a bowling alley refuses headscarves for safety reasons. Although it is a legitimate purpose, a general ban on head coverings is not necessary. Alternatively, a tight-fitting headscarf without loose parts can be worn.
Case law regarding a headscarf in fitness rooms, catering or other businesses
- Several athletes who wear a headscarf are refused entry to a fitness centre because there is a general ban on wearing head coverings. The judge rules that there is no discrimination, because the ban is necessary to guarantee the safety of the athletes (Court of First Instance Brussels, February 4 2020 - only available in French and Dutch).
- Two athletes who want to wear a headscarf in a fitness chain (one for religious reasons, the other for health reasons) are refused. There is a general ban on head coverings in the internal regulations. The judge believes that there is no direct discrimination or indirect discrimination (Court of First Instance Brussels, June 2, 2014 and Court of Appeal Brussels, 8 September 2015 - only available in French and Dutch).
- An ice cream parlour refuses to let in 2 women wearing headscarves. The internal regulations include a ban on head coverings. The judge rules that there is indirect discrimination. Although the goal (peaceful nightlife) is legitimate and the means appropriate, a ban on head coverings is not necessarily the only means to achieve that peace (court of first instance Veurne, July 2, 2014 and court of appeal Ghent, October 8, 2015 - only available in French and Dutch).
- A woman who wants to go bowling is asked to take off her headscarf for safety reasons. The judge recognises the legitimate aim (safety) of a ban, but concludes that the means to achieve the aim are neither appropriate nor necessary: indirect discrimination on the basis of religious beliefs (Court of First Instance Brussels, January 25, 2011 - only available in French and Dutch).
- A woman wearing a headscarf wants to have a drink on a terrace, but the manager does not want to serve her: direct discrimination on the grounds of religion ( Court of First Instance Brussels, December 22, 2009 - only available in French and Dutch).
Good to know
Some situations are also resolved without court intervention. For example, at the end of December 2024, the announcement by a fitness chain that it would ban religious and political symbols starting in 2025 sparked a wave of negative reactions on social media. The company responded by removing the clause from its internal regulations and choosing inclusivity instead.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.