Dutch Human Rights Institute Rules Sauna's Burkini Ban Discriminatory

If you've ever wondered whether your dress code could get you kicked out of a Dutch wellness centre, a new ruling from the Netherlands Institute for Human Rights (College voor de Rechten van de Mens) offers a clear answer: a blanket ban on burkinis is illegal discrimination.

On 17 September 2026, the institute ruled that the Zwaluwhoeve sauna in Hierden (near Harderwijk) discriminated against a Muslim woman on grounds of both religion and gender when it asked her to leave for wearing a burkini during a mandatory swimsuit day in June 2025. The ruling is a significant reminder that Dutch non-discrimination law covers not only employment or housing but also access to public services and facilities – including wellness venues.

What happened?

The woman visited the sauna with her family on a day when the house rules required swimwear (badkledingdag). She wore a burkini – a full-body swimsuit made of standard swimwear fabric, consisting of a headscarf, long-sleeved shirt, and leggings. After four hours, an employee told her she had to leave because her outfit violated the sauna's dress code, which bans clothing that covers the entire body.

The sauna argued the rule was necessary for hygiene, safety, and health. The human rights institute disagreed, finding that the sauna had “insufficiently substantiated that wearing a burkini poses health or safety risks.” The decision cited research showing no difference in hygiene between different types of swimwear fabric, and pointed out that other Dutch saunas do allow burkinis. Source: NOS

Why this matters for internationals

For expats and internationals living in the Netherlands, this case illustrates that your religious or cultural dress is protected under Dutch law, even in private businesses. The ruling is not binding in a legal sense – the College voor de Rechten van de Mens issues opinions, not court orders. However, the institute states that more than 80% of its discrimination findings lead to concrete action, such as policy changes or apologies. Source: DutchNews.nl

This means that if you experience discrimination based on religion, gender, race, or other protected grounds, you can file a complaint with the College. While it won't force a business to change overnight, the ruling carries moral and reputational weight – especially with media coverage.

Could this set a precedent?

Yes. The decision explicitly notes that other Dutch wellness centres permit burkinis, undermining the idea that a ban is necessary for hygiene. The ruling may encourage other Muslim women to challenge similar bans, and it puts pressure on saunas and swimming pools to review their dress codes. It also aligns with a broader trend in the Netherlands: earlier this year, a school ban on headscarves was also ruled discriminatory.

The Zwaluwhoeve sauna has not yet responded to the ruling, so it's unclear whether they will appeal or update their policy. For now, internationals who prefer modest swimwear can safely point to this decision if confronted.

Practical tips

• If you face discrimination in a public-access business, you can file a complaint at the College voor de Rechten van de Mens (mensenrechten.nl). The procedure is in Dutch but they offer English-language assistance.
• Document the incident: write down times, names, and what was said. Photos or videos can help, but be mindful of privacy rules.
• Contact a local anti-discrimination bureau (Anti Discriminatie Voorziening) – there is one in every major city.

The bigger picture

The ruling comes as the Netherlands also launched a new reporting point for incidents at mosques, run by the Contactorgaan Moslims en Overheid (CMO). That initiative aims to track vandalism and threats that often go unreported. Together, these developments show that Dutch institutions are slowly improving how they handle discrimination – even if enforcement remains soft.

For now, the message is clear: a burkini ban at a sauna is not a matter of hygiene, but of discrimination. And the human rights institute has said so, loudly.