Austria has rolled out a ban on Islamic headscarves, including hijabs and burkas, for girls under the age of 14 in schools. The new regulation, which took effect at the start of the school year in some eastern Austrian states, is facing immediate criticism and is likely to be challenged in court.
The ban was proposed by Austria's ruling coalition of three centrist parties, who argued the measure was necessary to protect girls' freedom. The legislation was passed by parliament in December with the support of the far-right Freedom Party. The Green Party, the smallest party in parliament, was the sole opposition to the bill.
The Islamic Religious Community in Austria (IGGO), which formally represents the country's Muslim population, has stated the ban infringes upon fundamental rights and has pledged to challenge it before the Constitutional Court. The court had previously rejected similar challenges in July, citing that the legislation had not yet taken effect. Carla Amina Baghajati, a representative of the IGGO, told the BBC that the organization "firmly opposes the ban," believing it "unjustifiably restricts the fundamental right to freedom of religion and disproportionately affects Muslim girls." She added that the measure "singles out a specific religious practice and risks excluding the very children it claims to support."
This new ban follows a 2020 Constitutional Court ruling that declared a previous prohibition on headscarves for under-10s illegal, finding it discriminatory and a violation of the state's duty to remain religiously neutral. The court held that any deviation from this principle requires special justification.
Education Minister Christoph Wiederkehr acknowledged the uncertainty regarding the Constitutional Court's stance on the new ban, telling national broadcaster ORF, "You can never be completely certain." He stated that the government conducted "very intensive consultations" and that the education ministry worked diligently to draft a law that "complies with the constitution."
Left-wing student organizations have called for protests. The new school year commenced on Monday in Vienna, Lower Austria, and Burgenland, with other states beginning next week. Under the new legislation, schools are required to discuss the ban with any student who defies it. Following these discussions, a fine ranging from €150 to €800 can be imposed.
Austria's move aligns with similar actions in other European nations. Denmark has begun the process of banning burkas in schools and universities, building upon its 2018 ban on full-face coverings in public spaces, which carries a fine of approximately £1,300 for violations. Portugal also recently enacted a law banning the concealment of faces in public, widely seen as targeting women who wear full-face veils. The Portuguese government stated the law aims to protect "human identity," emphasizing that the face is a "central element of human identity and communication." Violators in Portugal face fines between €150 and €3,000, with exemptions for health, professional, artistic, weather-related reasons, and within places of worship, diplomatic missions, and on airplanes. Rights campaigners have expressed concern that such bans can infringe upon women's rights by dictating their attire.