Whoever does not speak German does not swim… exclusion on a discriminatory basis or a safety measure? | policy

A German swimming pool has banned entry to those who do not master German well, which sparked a storm of criticism and accusations against the management of the public swimming pool of excluding certain groups, a decision that one website linked to the approaching local elections in a state where the popularity of the far-right party “Alternative for Germany” or (Alternative for Germany) for short is increasing.

At the beginning of each summer, when public swimming pools are opened in Germany, controversy is renewed about safety procedures, harassment, and sexual harassment in these facilities. However, this year, the discussion came about a slightly different issue, against the backdrop of a decision by one of the swimming pools in the state of Saxony-Anhalt in eastern Germany to prevent the entry of anyone who does not master the German language sufficiently to understand safety instructions and communicate with workers and lifeguards.

The pool justified the decision for safety reasons, according to its manager, who said that employees must be sure that visitors understand the swimming rules to avoid accidents.

However, the decision was met with criticism from human rights bodies, as the Anti-Discrimination Commission considered that requiring language proficiency may practically lead to the exclusion of people due to their ethnic background or origins, and the Commission indicated that linking entry to the ability to speak the language may constitute indirect discrimination against some groups.

Since the decision was made two days ago, the German media has been discussing the backgrounds and reasons that prompted the pool management to take this decision, and whether it was taken for reasons actually related to safety procedures or for discriminatory motives on an ethnic basis.

Unconvincing reasons

The Legal Tribune Online website, one of the prominent German news sites specialized in providing legal analysis, took an interest in the issue and said that critics of the decision believe that there are other means to ensure safety, such as the use of multilingual symbols and pictograms, a method used by many swimming pools in Germany and abroad.

The website quoted the Anti-Discrimination Authority as saying that the safety argument alone is “not convincing,” wondering what if German tourists on the Spanish island of Mallorca were asked to prove their knowledge of Spanish or Catalan before entering the beach? The site responds, “If that had happened, the German media would have caused a huge uproar.”

The website added that the issue from a legal standpoint has not yet been resolved due to the lack of clear judicial precedents regarding these cases, indicating that the swimming pool may face compensation claims if it is proven that people were prevented from entering illegally.

The website indicated that the association concerned with rescue operations at the pool objected to the decision to ban entry after the pool management used a picture of one of its lifeguards in a post about the decision.

The association announced that it does not support this decision and that it is considering taking legal action due to the use of a photo of one of its employees in a way that suggests that it supports the ban decision.

What guarantees safety in swimming pools is behavior, not language, passport, or nationality

by Focus Magazine

The conservative German magazine “Focus” believes that what guarantees safety in swimming pools is behavior, not language, passport, or nationality. The magazine explained that the solution does not lie in putting up more signs and instructions, but rather in investing in good employees who are on the spot and able to explain procedures and communicate with visitors, and at the same time act decisively when the rules are intentionally violated.

The magazine believes that kindness to visitors and firmness are not incompatible, and that what families want in these swimming pools is for their children to have fun and play without worry, and to spend a beautiful day.

The municipality intervenes

According to the newspaper “Die Zeit”, the municipality of Halle called on the pool administration to cancel the ban, considering it “discriminatory”, and said that the goal is to ensure that a public swimming pool remains open to the general public, and that imposing a ban on the entry of certain categories of the population harms the general character of the pool.

The municipality relied on the operating contract concluded with the operating company, which stipulates the necessity of ensuring the general public’s access to it, adding that the pool’s management powers may not be used to impose comprehensive restrictions that lead to the exclusion of entire and specific population groups.

The municipality warned of the consequences of taking any discriminatory decision against a particular group, and said that any action that may be understood as hostile to foreigners could harm the city’s reputation and may violate contractual obligations related to good behavior in public places.

As for the left-wing website ND, it took a look at the political background of the issue, saying that the far-right party (Alternative) has been leading for months in the opinion polls in the state of Saxony-Anhalt, where the swimming pool is located, by more than 40%, and it is possible that the director of the Heidi Bad swimming pool, Matthias Knobel, will also vote for this party in the local elections that will be held at the beginning of next September.

The website attributes the ban decision to these elections, saying, “This decision taken by the pool management will be fully welcomed by the supporters of the Alternative Party.”

The website believes that the new rule is not only related to safety, but also carries exclusionary dimensions, considering that it may practically lead to the exclusion of categories of visitors, especially those of immigrant origins.

The website gave an illustrative example by saying that this decision may include a world-class athlete or a swimming champion simply because he does not master German, which the writer considered an indication that the language standard does not necessarily reflect the ability to swim nor adherence to safety rules or lack thereof.

The article concluded by emphasizing that such measures raise questions about the limits of the powers of the Public Facilities Department, and whether these measures actually aim to enhance safety or do they lead to restricting the general public’s access to a public swimming pool that should be open to everyone regardless of origin, race, or skin color, and this is what German laws guarantee for everyone.