Austria’s Headscarf Ban Challenged in Court

A mother and her two daughters have petitioned Austria’s Constitutional Court to overturn a ban on Islamic headscarves in schools for girls under 14. A court spokeswoman confirmed the application to DPA on Monday, the first day the new regulation took effect at the start of the school year.

Under the ban, girls are prohibited from wearing headscarves according to Islamic traditions. If a girl violates the ban, school administrators must first hold a meeting with her and her parents. If she continues to wear a headscarf, the parents have to meet with the responsible school authority. As a last resort, they can be fined between €150 ($175) and €800 ($930).

The regulation is intended to promote equality between women and men, individual freedom and social integration. Austrian Education Minister Christoph Wiederkehr acknowledged that the measure involves a “legally difficult balancing act” between protecting girls and safeguarding religious freedom.

In 2019, the Constitutional Court struck down a similar measure that applied only to primary schools. Among other things, the judges criticized the fact that it specifically targeted Muslim girls rather than applying to all religious head coverings.

Meanwhile, the Islamic Religious Community in Austria has criticized the ban, said it would advise and support affected families and is preparing its own legal challenge.

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