Austria’s ban on the headscarf for girls under 14 is facing its first major test. The new school year began Monday in Vienna and two other eastern states.
The measure has drawn strong criticism from Austria’s main Muslim organisation. The group has described the ban as discriminatory and plans to challenge it legally.
The ruling coalition introduced the legislation as a measure to protect girls’ freedom. Parliament approved the law in December with support from the far-right Freedom Party.
Only the Green Party opposed the legislation during the parliamentary vote. The new rules now apply as schools reopen across parts of the country.
The Islamic Religious Community in Austria, known as IGGÖ, represents Muslims in the country. It has argued that the headscarf ban violates fundamental rights.
The organisation has also announced plans to challenge the law before Austria’s Constitutional Court. The court previously rejected challenges in July because the new legislation had not yet taken effect.
Austria’s Constitutional Court has considered a similar issue before. In 2020, it ruled against an earlier school headscarf ban.
That earlier law applied to girls under the age of 10. The court found that the measure discriminated against Muslim pupils.
The court also stressed the importance of religious neutrality by the state. It said restrictions on that principle require special justification.
The latest law could therefore face another legal challenge. Education Minister Christoph Wiederkehr acknowledged that the outcome cannot be guaranteed.
Speaking to national broadcaster ORF, Wiederkehr defended the government’s approach. He said officials had conducted extensive consultations before drafting the legislation.
The minister also said the education ministry worked to ensure the law complied with Austria’s constitution. However, legal uncertainty remains around its future.
Left-wing pupil organisations have also announced plans for protests. They have criticised the new restrictions and questioned their impact on students.
The school year started Monday in Vienna, Lower Austria, and Burgenland. These three states are located in eastern Austria.
Schools in the remaining six states will reopen next week. The implementation of the ban will therefore expand across the country.
The new rules have created a debate over religious freedom and the protection of young girls. Supporters say the law aims to protect children’s rights and freedom.
Critics argue that the measure unfairly targets Muslim girls. They believe the government should maintain religious neutrality in schools.
The legal challenge could determine whether the new restrictions remain in force. The Constitutional Court may ultimately decide whether the legislation meets constitutional requirements.
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For now, schools must follow the new rules as the academic year begins. The headscarf ban is expected to remain a major political and legal issue in Austria.
