Dutch court orders prosecution after niqab-wearing customer was refused service
The Court of Appeal in The Hague ordered the Dutch Public Prosecution Service to prosecute a fishmonger who refused to serve a woman wearing niqab. The ruling does not decide whether discrimination occurred; that question is now for a criminal court to decide.
A woman wearing niqab was refused service at a fish shop in Hoek van Holland in September 2022. In March 2026, the Court of Appeal in The Hague ordered prosecutors to bring the case to trial: a ruling about whether it will be tried, not about whether it was discrimination.
What happened
The woman entered the shop to place an order. According to the Court of Appeal's published decision, the shopkeeper refused to serve her because he could not see her face, and asked her to leave.
She filed a complaint alleging religious discrimination. The Public Prosecution Service initially decided not to prosecute.
The court's decision
The woman challenged that decision, and in March 2026 the Court of Appeal ordered the prosecution service to bring the case before a criminal court. The appeal court found sufficient grounds for a trial, citing the seriousness of the allegation, statements in the case file, and video footage of the encounter.
The ruling does not determine the shopkeeper's guilt. A criminal judge must still decide whether the refusal of service amounted to unlawful discrimination.
The legal setting
The Netherlands restricts face-covering clothing in public transport, education, healthcare facilities, and government buildings. Outside those settings — including ordinary shops and the street — the government states that face-covering clothing may still be worn.
Sources. Court of Appeal in The Hague · Dutch government: partial ban on face-covering clothing · NL Times
As of the ruling above, this was an order to prosecute, not a verdict — whether the refusal counts as unlawful discrimination is still for a criminal court to decide.