In Austria, with the start of the new school year, a law has come into force banning female students under the age of 14 from wearing traditional Muslim head coverings, including hijabs and burqas, in schools. The restriction applies to public and private educational institutions across the country, BBC News reports.

The government’s position and enforcement procedure

The law was adopted by a coalition led by the conservative Austrian People’s Party (ÖVP), which also includes the Social Democratic Party (SPÖ) and the liberal NEOS. The government calls it a reaffirmation of its commitment to gender equality and a measure to protect girls’ rights.

Integration Minister Claudia Bauer of the ÖVP said that the headscarf is a sign of oppression and a means of controlling girls from early childhood. Teachers are required to respond to a detected violation gradually: by holding a series of conversations with the student and her legal representatives.

In the event of repeated violations, child protection services must be notified. As a last resort, a fine of up to 800 euros is предусмотрено for legal representatives.

Criticism and possible lawsuits

The official Islamic Community in Austria (IGGÖ) opposed the ban. The organization’s representative, Carla Amina Baghajati, said that the restriction unjustifiably narrows the fundamental right to freedom of religion and disproportionately affects Muslim girls.

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IGGÖ said it would support legal challenges by girls and their families who believe that their fundamental rights have been violated and wish to appeal to the Constitutional Court. In 2020, the court overturned a previous ban on headscarves in primary schools, finding that it contradicted Austria’s principle of religious neutrality.

Some teachers have also expressed concern about the new duties. Green Party representative Sigi Maurer accused Education Minister Christoph Wiederkehr of NEOS of creating additional conflicts and shifting them onto educators.

Opposition reaction

The far-right Freedom Party of Austria (FPÖ), by contrast, considers the current restriction insufficient and calls for a general ban on headscarves and face-covering garments for students and teachers in schools. Austrian Chancellor and ÖVP leader Christian Stocker had previously called for a ban on political Islam to be enshrined in the Constitution.

Unlike France, where wearing all conspicuous religious symbols in schools has been banned for more than 20 years, the Austrian law specifically concerns head coverings worn by Muslim women.

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