Austria’s under-14 headscarf ban takes effect as schools reopen
Austria’s ban on headscarves for pupils under 14 faces legal and public opposition as the school year begins in Vienna and other eastern states.
Vienna, Austria. Austria’s ban on headscarves for pupils under 14 faced its first test on Monday as schools reopened in Vienna, Lower Austria and Burgenland. Muslim representatives and left-wing pupil groups have condemned the measure, while legal challenges are expected.
Legislation and support
Austria’s three-party centrist ruling coalition proposed the school ban, saying it aimed to protect girls’ freedom. Parliament passed the legislation in December with support from the far-right Freedom Party.
The Greens, the smallest party represented in parliament, were the only party to oppose the measure.
Legal challenge expected
The Islamic Religious Community in Austria (IGGO), which formally represents Muslims in the country, has described the ban as an infringement of fundamental rights and said it would challenge the law before the Constitutional Court.
The Constitutional Court rejected challenges in July because the legislation had not yet entered into force.
In 2020, the court ruled that an earlier school headscarf ban applying to children under 10 was illegal because it discriminated against Muslims. The court said the state had a duty to remain religiously neutral and that departing from that principle required special justification.
Government position
Education Minister Christoph Wiederkehr said the government had sought to ensure the legislation complied with the constitution.
“You can never be completely certain,” Wiederkehr said when asked by national broadcaster ORF whether the court would overturn the new ban.
“We in the government carried out very intensive consultations and we in the education ministry tried very hard to write a law that complies with the constitution,” he said in an interview broadcast on Monday.
School procedures and penalties
The new school year began on Monday in three of Austria’s nine states: Vienna, Lower Austria and Burgenland. Schools in the remaining states are due to reopen next week.
Under the legislation, schools must first hold discussions with pupils who do not comply with the ban. Fines of between €150 and €800 ($175-$930) may then be imposed.
Left-wing pupil organisations have called for protests against the measure.
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